Delay on deadly stone import ban until states sort out own deadlines

An import ban on engineered stone will not be imposed until all states and territories have announced a deadline on its prohibition, prompting fears that workplaces will continue to be left exposed.

State and territory workplace health and safety ministers agreed earlier this month to roll out the world’s first ban of the silicosis-linked slabs popular in kitchen renovations. However, not all jurisdictions backed the July 2024 deadline for blocking its use in construction.

Workplace Relations Minister Tony Burke will impose an import ban on engineered stone, but the date is not yet known.Credit: Alex Ellinghausen

Occupational hygienist Kate Cole, who has repeatedly warned of the risks of silica dust, said that without an import ban, “we leave ourselves wide open to engineered stone still coming into our workplaces”.

“Engineered stone isn’t just imported by large suppliers like Caesarstone and Cosentino, it’s also imported from many smaller suppliers,” Cole said. “The import ban is a vital part of the wholesale ban of engineered stone in Australia.”

According to a communique from the meeting, federal Workplace Relations Minister Tony Burke also committed to ban the importation of engineered stone, but did not set a deadline for doing so.

A spokesperson for Burke confirmed to this masthead that the date of an import ban would not be announced until all jurisdictions had set deadlines for their own ban on the use, supply and manufacture of the material.

Burke said in October that: “An import ban on its own simply gives a green light to domestic production of the same substance.”

Sources privy to the discussions say Tasmania and the Northern Territory were the holdouts following the meeting.

On Friday, the responsible NT minister, Chansey Paech, updated the territory’s position to say it was also behind the July deadline. Comment has been sought from Tasmania.

The Construction, Forestry, Maritime, Mining and Energy Union national secretary, Zach Smith, has previously said it was critical for the government to ban engineered stone “at the shore”.

“This is a product that is currently wholly imported from overseas. It is critical that this isn’t just framed as an obligation on the states and territories to stop it being used in their respective jurisdictions,” Smith said earlier this month.

The announcement of a national ban came four months after a Safe Work Australia report delivered to ministers found there was no safe level of the dust emitted when engineered stone slabs are cut.

The watchdog’s report was commissioned after an investigation by this masthead and 60 Minutes this year revealed a growing number of workers were being diagnosed with silicosis.

A study on silicosis by Curtin University estimates that more than 275,000 workers – including miners, contractors, construction workers, stonemasons and tunnellers – are being exposed to high levels of crystalline silica, which is carcinogenic, and predicts up to 103,000 workers will be diagnosed with silicosis.

While a ban has been agreed upon, ministers have also agreed to give businesses who use it a grace period if they already signed contracts to use the product before the December 13 meeting.

The length of that period will be discussed at a meeting in March, where ministers will also come up with a framework for the safe handling of engineered stone that has already been installed in people’s homes when renovations are being conducted.

A spokesperson from manufacturer Cosentino said it would comply with an importation ban.

“We await further details from government on its implementation and transition period for existing contracts to be finalised at the March 2024 meeting of [work health and safety ministers],” they said, adding that the manufacturer was now rolling out a porcelain alternative to engineered stone.

“We urge all governments to match our efforts and make a speedy decision on the transition plan to provide much needed certainty to the building and construction industry and protect jobs.”

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