New silica dust laws in place

Tunnel and construction workers can now breathe easy; all Australian workers who often work with silica dust will now be protected by new laws that extend safety measures for an additional 600,000 workers in various sectors.

As of 1 September 2024, all Aussie workers exposed to silica dust will be protected by new laws. These updated regulations will affect workers in sectors such as road, rail tunnelling, civil construction, quarries, mines, and road maintenance.

The laws were previously in place for those who worked with engineering stone; now, they will extend to an additional 600,000 workers after the highly published campaign.

Last year, a campaign on so-called “killer stone” used in kitchens around the nation was banned after being widely published. Now, workers in the other sectors named will also have protection.

Labelled as “groundbreaking” by the Australian Workers’ Union (AWU), these newly introduced laws mean all workers exposed to respirable crystalline silica dust will be able to demand multiple safety control measures such as personal protective equipment (PPE), water suppression, on-tool extraction systems, and local exhaust ventilation systems.

It also includes that if the work is high risk, then the workers can demand a silica risk control plan from their employer, which will require work to cease if not abided by, or followed. Non-compliance in this aspect can result in fines and penalties for employers.

Paul Farrow, AWU national secretary, said he’s proud the union’s fight to protect workers in these sectors has finally paid off.

“There are over 600,000 workers exposed to deadly crystalline silica dust, engineered stone benchtops are only part of the story,” said Farrow.

“We welcome state and territory ministers’ action on this in conjunction with Safe Work Australia to protect workers from silica dust.

“For years, the AWU has been campaigning for legislation to protect workers; this dust is present in hundreds of worksites across Australia, and employers have turned a blind eye to the health and safety of their workers.”

Part of these new laws is also a training requirement for workers so they understand the dangers of silica dust and the safety measures that are needed if they are exposed to it.

A large meeting of workplace ministers from across the country took place earlier this year, which resulted in them agreeing to the new laws. Laws that have been in place in Victoria for some time. However, the West Australian government elected to exclude the state’s mining industry from the laws.

The AWU noted this act as “disappointing” due to silica dust being a major problem in iron ore mines and the towns that surround them.

“We have members right now in our nation’s major cities and regional areas building crucial public infrastructure for Australians to enjoy; now these hard-working men and women can enjoy protections at work against this deadly dust,” said Farrow.

Policing non-compliance is what the next step should be, according to the AWU, ensuring that employers take the new laws seriously as the safety of workers is at stake.

“The AWU is urging state governments to adequately resource safety regulators to police the new regulations. The AWU will be actively fighting to ensure employers are following the rules from day one.

“The AWU is looking for a dust-up with anyone that does not take silica standards seriously going forward,” said Farrow.