All work processes where workers might be exposed to respirable silica will be considered high risk and subjected to tougher WHS regulations unless risk assessments prove otherwise, under one of a string of changes agreed by Australia's WHS ministers.
Safe Work Australia has committed to immediately drafting changes to the national model WHS laws to reflect the outcomes of yesterday's WHS ministers meeting on engineered stone and other issues. The non-harmonised state of Victoria will make similar changes to its safety legislation.
Australia's WHS ministers have unanimously agreed to prohibit the use, manufacture and supply of engineered stone, under a plan that will be matched with a "complementary customs prohibition" on the material, and new WHS laws for all industries where crystalline silica is present.
PCBUs' incident notification duties could soon be amended to capture a much broader range of incidents and require periodic reporting of matters like workplace bullying and traumatic events.
The national model WHS laws have been amended to significantly increase the maximum available fines and jail times, and to clarify the operation of the category-1 offence in a way that is likely to give regulators and prosecutors more confidence to pursue company officers for recklessness or gross negligence.
Safe Work Australia has published a new model WHS Code of Practice for tower cranes, which does not include an explicit ban - recently applied by the ACT - on a hazardous method for lifting loads.
The national model Work Health and Safety Regulations have been amended to expressly ban hazardous work processes and update references to certain Australian Standards.