New Code of Practice for Silica: What Does it Mean for Monitoring?

A Growing Recognition of the Risks of Silica Exposure

Awareness of the risks of exposure to respirable crystalline silica (RCS) has been growing in recent decades. Whilst the symptoms of silicosis have been identified amongst people who work with stone for hundreds, or even thousands of years, it is only in the wake of a surge in silicosis cases attributed to the widespread use of engineered stone that a stronger regulatory regime has been implemented in Australia.

Recently, the Australian Government issued a ban on engineered stone that commenced on 1 July 2024. In light of heightening concern and awareness of the risk of silicosis due to RCS exposure, Safe Work Australia has released the Model Code of Practice: Managing risks of respirable crystalline silica in the workplace (the Code).

Read the Full Code of Practice

Prior to the implementation of the Code, management of the risks associated with RCS were largely regulated by each state. For example, Queensland was among the first states to introduce a Code of Practice for silica with the Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022.

Safe Work Australia had previously issued guidance for managing the RCS but since this was not a formal code of practice, it was not legally binding to the same extent. The new Code also consolidates the pre-existing Code of Practice for managing the risks of respirable crystalline silica from engineered stone in the workplace in light of the changes due to the recent engineered stone ban.

Scope of the Code of Practice for Respirable Crystalline Silica

Model codes of practice give persons conducting a business or undertaking (PCBUs) practical guidance for complying with the Work Health and Safety Act 2011 (Cth) and associated regulations. Not all states have implemented the model Work Health and Safety laws, so it is important to check whether the code of practice has been approved by the relevant state workplace health and safety regulator.

The Code informs PCBUs of their work health and safety duties and how risks from respirable crystalline silica can be identified and managed.

Key Takeaways for Respirable Crystalline Silica Monitoring

The Code touches on a range of aspects in managing the risk of RCS exposure in the workplace including identification and control of risks, monitoring, additional requirements for high-risk processes and the application of the code to engineered stone.

So, what does the code say about air monitoring?

• Ensure RCS exposure does not exceed the WES (soon to be WEL) – The standard (limit) for RCS is 0.05mg/m³ as an 8-hour time weighted average (TWA).
• Air monitoring should be undertaken by an expert – A certified occupational hygienist will generally be appropriate.
• Reporting and record-keeping are essential – If the airborne RCS concentration exceeds the WES, the result must be reported as soon as possible (within 14 days) to your WHS regulator. Air monitoring records are also used to assess high risk activities and are kept for at least 30 years.
• Be aware of when processing of crystalline silica substance (CSS) may be designated high risk – High risk processing of a CSS such as stone, sand and concrete carries additional requirements for PCBUs. Whether the processing is high risk depends on a range of factors, but air monitoring is an essential step in risk assessment.
• PCBUs have additional obligations in relation to permitted work with legacy engineered stone – The Code sets out what work with engineered stone is permitted and walks through the requirements to notify your WHS regulator of permitted work with engineered stone.

The new Code reinforces the critical role of air monitoring in managing the risks of RCS. While it does not drastically change existing monitoring requirements, it provides clarity as to how PCBUs can meet their work health and safety obligations in relation to RCS. By proactively conducting air monitoring, keeping accurate records, and engaging qualified occupational hygienists, PCBUs can not only meet their legal obligations but also protect the long-term health of their workers. Effective monitoring is the foundation for informed risk assessments, targeted controls, and a safer workplace.