Minns pledges to ban the most dangerous engineered stone benchtops

A NSW Labor government would ban the most dangerous engineered stone products by 2024 and introduce a suite of other reforms to workplace safety laws to combat the silicosis crisis gripping the country.

If enacted after the March 25 state election, the promise by Opposition Leader Chris Minns would make NSW the first jurisdiction to ban engineered stone slabs or benchtops containing more than 40 per cent crystalline silica, which is considered dangerous if the dust is inhaled and embedded in the lungs.

NSW Opposition Leader Chris Minns has pledged a reform package to crackdown on the silicosis crisis.Credit: Dom Lorrimer

A joint investigation by the Herald, The Age and 60 Minutes this week found the dangers of working with engineered stone have been known for more than a decade, but ineffective warning labels, weak regulations and businesses that ignore the rules have triggered a surge in workers being diagnosed with the deadly disease.

“I don’t think anyone reading the reports and watching the impacts of silicosis on workers isn’t affected by their stories,” Minns told the Herald.

His intervention follows calls from powerful unions and key health organisations for immediate action from state and federal governments to ban engineered stone benchtops ahead of a key meeting of ministers next Tuesday.

Some engineered stone contains up to 95 per cent crystalline silica, the dust from which is toxic. In contrast, marble contains 2 per cent and granite contains between 10 and 50 per cent.

Labor’s policy would introduce the ban on engineered stone products by July next year. The plan would be to be part of a co-ordinated national approach, but if that didn’t work Minns will partner with other states and territories or move alone if needed.

Other reforms include a mandatory licensing scheme and register for all businesses that handle engineered stone, a comprehensive screening system for all workers exposed to silica dust, tougher regulations across high-risk industries such as tunnelling and construction, and $5 million to support research by the Asbestos Diseases Research Institute into silicosis.

“It’s clear the state’s current safety checks are not up to scratch,” Minns said.

“Every day that goes by without reform is another day NSW workers lives are put at risk.

“There must be a complete ban on manufactured stone, coupled with urgent reform of SafeWork NSW now, which Labor will deliver.”

The joint investigation trawled through thousands of pages of documents that revealed SafeWork NSW had fallen short of protecting workers. In the past two years, it received dozens of tip-offs and complaints about silicosis-related breaches in workplaces. In some cases, it told the offending companies when it would come and inspect worksites.

On other occasions, it wrote to the offending company to inform it that it wasn’t going to send out an inspector.

The documents included numerous examples of companies breaching safety rules over and over again, including the company stonemason Dinh Tran worked for. It received repeated improvement notices from 2018, but the light-touch regulation did little to improve worker conditions.

Van Dinh Tran is dying of silicosis after working as a stonemason who worked with engineered stone without proper protections. Credit: Louise Kennerley

Tran was diagnosed with silicosis in 2021 and in August last year was given eight months to live.

Sophie Costis, the NSW Labor spokesperson for work and safety, said it was unacceptable for the regulator to send letters in response to serious incidents rather than inspectors.

“NSW Labor will reform the current inspecting rules to protect our state’s workers,” she said.

Besides banning products containing more than 40 per cent silica, a mandatory registration and license scheme would be rolled out for all sites where engineered stone is fabricated. This would include all companies working with engineered stone registering with SafeWork NSW, and fabricators being required to register their workers.

“The NSW parliament has had four reviews highlighting the urgency of dealing with silicosis, yet the NSW Liberals have done nothing,” said Labor treasury spokesperson Daniel Mookhey.

The NSW Minister for Customer Service, Victor Dominello, agreed earlier this week that more must be done, but stopped short of endorsing a ban.

“As it stands, an importation ban can only be implemented by the federal government,” he said. He also said the national discussion on whether or not there should be a ban should be brought forward from 2024, as is currently proposed.

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