Crystalline silica

To manage the risks of exposure to respirable crystalline silica (RCS), you must identify whether you are processing any CSSs.

Processing in relation to a CSS means:

• the use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS; or
• the use of roadheaders to excavate material that is a CSS; or
• the quarrying of a material that is a CSS; or
• mechanical screening involving a material that is a CSS; or
• tunnelling through a material that is a CSS; or
• a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS.

Examples of crystalline silica processes (CSPs) include, but are not limited to:

• excavation, earth moving and drilling plant operations
• clay, sand and stone processing machine operations
• cutting and laying pavers and surfacing
• mining, quarrying and mineral ore treating processes
• road construction and tunnelling
• construction, building and demolition involving a CSS
• brick, concrete or stone cutting
• abrasive blasting (blasting agent must not contain greater than 1 per cent of crystalline silica)
• foundry casting
• angle grinding, jack hammering and chiselling of concrete or masonry
• hydraulic fracturing of gas and oil wells
• making pottery or ceramics
• crushing, loading, hauling and dumping of rock, or muck from tunnelling, and
• clean-up activities, such as sweeping or pressurised air blowing of dust containing crystalline silica.

If you are processing crystalline silica substances (CSSs), you must assess if the work is high risk and record this in writing. The WHS Regulations define high risk, in relation to the processing of a CSS, as the processing of a CSS that is reasonably likely to result in a risk to the health of a person at the workplace.

If you are unable to assess if the processing is high risk, you must assume it is high risk until you can determine otherwise, through further assessment.

When doing a risk assessment, you must consider all the following factors:

• the specific processing that will be done
• the form or forms of crystalline silica present in the CSS
• the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration
• the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica (RCS)
• whether the airborne concentration of RCS present is reasonably likely to exceed half the workplace exposure standard (WES)
• any relevant air and health monitoring previously undertaken at the workplace, and
• any previous incidents, illnesses or diseases associated with exposure to RCS at the workplace.

A process might be high risk if it is performed more often, and for long periods of times. The same action, using the same CSS, may not be high risk if only done for short periods of time and not often.

At the end of your assessment, you must record in writing:

• how the factors have been considered, and
• whether or not the processing is high risk.

If you determine the processing of a CSS is high risk, then you must:

• ensure that processing is controlled
• meet any additional requirements for processing of a high risk CSS; and
• meet all other duties and requirements under the WHS laws.

If you determine the processing is not high risk, then you must:

• ensure all processing is controlled; and
• meet all other duties and requirements under the WHS laws.

Find more information on the CSS risk management process in Appendix B of Safe Work Australia’s Working with crystalline silica substances: Guidance for PCBUs.

You need to eliminate risks if it is reasonably practicable to do so. Where a risk cannot be eliminated, it must be minimised, as far as is reasonably practicable. Substituting materials or products that contain silica with ones that do not or with processes that do not generate any dust will eliminate the risk. All processing of crystalline silica substances (CSS) must be controlled even if it is not high risk.

Processing is controlled when at least one of the following controls has been implemented to eliminate or minimise risks so far as is reasonably practicable:

• a fully enclosed operator cabin fitted with a high efficiency air filtration system
• an effective wet dust suppression method
• an effective on-tool extraction system
• an effective local exhaust ventilation system; and

A person who is still at risk of respirable crystalline silica (RCS) exposure, after one or more of the above controls are implemented, must be provided with and wear respiratory protective equipment (RPE) while the processing is carried out.

Processing is also controlled, if it is not reasonably practicable to implement the controls outlined above, if respiratory protection is provided to and worn by a person.

If you have assessed the processing as high risk, you must develop a silica risk control plan in consultation with workers who are involved in the processing.

You need to include a copy of the assessment for each task involving processing of a crystalline silica substance (CSS) that is high risk covered by the plan.

You must also:

• make the plan available to all workers
• provide it to all workers before they commence any CSS processing; and
• ensure any high risk CSS processing is carried out in accordance with the plan.

Review your silica risk control plans when:

• they are no longer effective
• they are impacted by a change at the workplace; or
• where a new hazard or risk is identified.

See an example silica risk control plan template.
For more information about completing a silica risk control plan, use the SafeWork Australia guidance.

If you are carrying out a high risk crystalline silica process in construction work, you may use a Safe Work Method Statement (SWMS) in place of a silica risk control plan, provided:

• it includes the written risk assessment,
• what control measures will be used to control the risks,
• how those measures will be implemented, monitored and reviewed.
• is readily accessible and understandable to persons who use it.

You must provide crystalline silica training to:

• any worker involved in processing of a crystalline silica substance (CSS) that is high risk; or
• who is at risk of exposure to respirable crystalline silica (RCS) because of that processing.

If your workers are not undertaking high risk processing, you must still provide appropriate information, instruction, training or supervision to anyone who may be exposed to RCS at the workplace.

There are several options available to PCBUs to ensure workers are appropriately trained.

Any training undertaken must meet a set of criteria in order to be deemed ‘approved training’ in NSW.

If you wish to develop in-house training or arrange for training to be delivered by a third party, and that training meets the below criteria, it will be considered regulator-approved training.

Course criteria

1. Identify the health risks associated with exposure to RCS, including signs and symptoms of silicosis.
2. How to determine if a material contains crystalline silica, including:
   1. an explanation of the forms of crystalline silica listed in 529A of the WHS Regulation
   2. the common materials and products known to contain crystalline.
3. How to interpret safety data sheets (SDS) and manufacturer’s information, including the meaning of ‘processing’ in relation to CSS as defined by section 529A of the WHS Regulation.
4. How RCS is generated during processing, how workers can be exposed and the relevant workplace exposure standards for the forms of RCS.
5. What is ‘controlled’ processing of CSS under section 529B of the WHS Regulation.
6. The requirements for the controls listed in subsection 529B(1)(b) of the WHS Regulation, how they work and how to use them.
7. The types of respiratory protective equipment (RPE) specified by 'AS/NZS 1715:2009 Selection, use and maintenance of respiratory protective equipment', deemed as being suitable to protect against exposure to RCS.
8. How to determine if RPE is compliant with the required standard 'AS/NZS 1716:2012 Respiratory protective devices'.
9. Fit-checking, fit-testing and facial-hair requirements for tight-fitting RPE in compliance with 'AS/NZS 1715:2009 Selection, use and maintenance of respiratory protective equipment'.
10. General housekeeping and cleaning methods to eliminate or minimise risk of exposure to RCS for CSS processes.
11. WHS Regulation requirements for:
    1. silica risk control plans (or safe work method statements (SWMS) for construction work) under section 529CB of the WHS Regulation when undertaking processing which is high risk.
    2. compliance with a silica risk control plan under section 529CC of the WHS Regulation or, for SWMS, section 300 of the WHS Regulation.
    3. compliance with section 529CE including:
       1. determining when air monitoring may be required under section 50 of the WHS Regulation.
       2. providing the regulator with results of any air monitoring undertaken which shows the airborne concentration of RCS has exceeded the workplace exposure standard for crystalline silica.
       3. determining when health monitoring may be required under part 7.1 division 6 of the WHS Regulation.

The following existing courses are also recognised as approved training in NSW:

• TAFE NSW course: Silica awareness and safety
• 10830NAT – Course in Crystalline Silica Exposure Prevention
• Units of Competency – Silica Safety:
  • CPCSIL3001 - Work with products and materials containing crystalline silica; or
  • CPCSIL4001 - Supervise and manage work with products and materials generating respirable crystalline silica.

Any worker who can provide evidence of having successfully completed one of these courses prior to 1 September 2024 does not have to complete the training again.

You are required to keep a record of the training provided to workers, while they are carrying out the high risk processing and for five years after the day they stop working for your business. This record of training can be documented in your silica risk control plan.

Record of training

You are required to keep a record of the training provided to workers, while they are carrying out the high risk processing and for five years after the day they stop working for your business.

If your workers complete either the TAFE course or the Units of Competency, they will be issued with either a TAFE NSW Certificate of Completion or a Registered Training Organisation Statement of Attainment that includes either: 10830NAT, CPCSIL3001 or CPCSIL4001.

Or if your worker attends alternate training, then you should maintain records that demonstrate your worker completed training that meets the appropriate criteria to be deemed an approved training course in NSW. In this case, you can use this completed Silica training record form as your record.

For any processing of a crystalline silica substances (CSS) that is high risk, you must:

• undertake air monitoring for respirable crystalline silica in accordance with regulation 50*, and
• provide health monitoring for all workers carrying out the high risk processing of a CSS in accordance with Division 6 of Part 7.1 of the WHS Regulations.

Air monitoring involves measuring the level of respirable crystalline silica (RCS) in the breathing zone of workers using a personal sampler during their usual shift activities, including routine breaks.

The workplace exposure standard (WES) for RCS in Australia is 0.05mg/m3 (8 hour time weighted average), or adjusted WES for extended work shifts, (for example, 12hr shifts).

You are required to undertake air monitoring to determine the airborne concentration of a substance or mixture which has a WES if:

• you are uncertain on reasonable grounds whether or not the airborne concentration of RCS at the workplace exceeds the WES for RCS, or
• monitoring is necessary to determine whether there is a risk to health from RCS at the workplace.

It is a legal requirement for PCBUs to make the results of air monitoring readily available to workers, whether an exceedance is recorded or not. PCBUs should be mindful of privacy legislation when making reports available to workers.

You must also provide air monitoring results to SafeWork NSW if the airborne concentration of RCS has exceeded the WES for RCS. You must report the result as soon as reasonably practicable and no more than 14 days from the date the result was reported to you.

You only need to notify SafeWork NSW for air monitoring done after 1 September 2024.

If an exceedance of the WES has occurred, this information must be made readily available to workers who may have been exposed in addition to being reported to SafeWork NSW. You must also keep air monitoring reports for 30 years.

Learn how to report a Workplace Exposure Standard (WES) exceedance.

If there is a risk to the health of your workers because of exposure to RCS, you must organise and pay for health monitoring.

Some crystalline silica containing products contain very high levels of crystalline silica and are considered to pose a significant risk to the health of workers who work with them. You should also consider providing health monitoring to other workers who might be exposed to dust from these processes. This includes workers who are exposed to dust while cleaning or those who perform administrative work in the vicinity of fabricating products containing high levels of crystalline silica.

Where there is significant risk to a worker's health arising from ongoing exposure to respirable crystalline silica (RCS), whilst undertaking high risk processing of a crystalline silica substances (CSS), the worker must be provided with health monitoring.

Insurance and Care NSW (iCare) offers subsidised health monitoring (chest X-rays and lung capacity tests) to businesses across NSW through its Lung Screen service.

As the PCBU, it is your responsibility to determine if there is a ‘significant risk’ to determine whether you need to undertake health monitoring. The level of risk depends on the frequency, duration and  level of exposure to airborne RCS.

You should start health monitoring at the time a worker is first employed or when they first start work involving high risk processing of a CSS and are at significant risk of exposure to RCS. This is so any changes to the worker’s health can be detected as early as possible. If your workers have been carrying out high risk processing of a CSS and you have not provided health monitoring, you must organise it as soon as possible.

When workers have completed the health monitoring, you will receive a report from the doctor about each worker. You must keep this report for at least 30 years and each worker needs to receive a copy of their report.

You must provide a copy of the health monitoring report to SafeWork NSW if the doctor:

• informs you that a worker may have contracted a disease, injury, or illness as a result of using, handling, generating, or storing silica, or
• recommends that you take remedial measures (such as stopping a worker from continuing to do particular work or implementing additional controls).

You must also take into account any previous relevant health monitoring provided and any previous adverse outcomes related to the particular processing of a CSS and include this in your silica risk control plan.

On-the-spot fines apply for failing to notify SafeWork NSW of an adverse health monitoring report.

Use safe work procedures, minimise the time workers perform higher exposure tasks, alert workers and visitors to danger, and provide information, training and supervision.

Provide suitable PPE, including a program to correctly fit, instruct on use and ensure regular maintenance of respiratory protective equipment (RPE).

Engineered stone:

1. is an artificial product that:
   1. contains 1% or more crystalline silica determined as a weight/weight (w/w) concentration; and
   2. is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
   3. becomes hardened; but
2. does not include the following:
   1. concrete and cement products;
   2. bricks, pavers and other similar blocks;
   3. ceramic wall and floor tiles;
   4. porcelain, where it does not contain resin;
   5. sintered stone, where it does not contain resin;
   6. roof tiles;
   7. grout, mortar and render;
   8. plasterboard.

Any previously installed engineered stone or stock of engineered stone that was not installed prior to the commencement of the engineered stone prohibition.

‘May’ indicates an optional course of action.

‘Must’ indicates a legal requirement exists that must be complied with.

A PCBU is an umbrella concept which intends to capture all types of working arrangements or relationships.

A PCBU includes a:

• company
• unincorporated body or association, and
• sole trader or self-employed person.

Each individual who is in a partnership that is conducting a business or undertaking will individually be a PCBU.

A volunteer association or elected members of a local authority will not be a PCBU.

Processing in relation to a CSS means:

1. the use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS; or
2. the use of roadheaders to excavate material that is a CSS; or
3. the quarrying of a material that is a CSS; or
4. mechanical screening involving a material that is a CSS; or
5. tunnelling through a material that is a CSS; or
6. a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS.

The possibility harm (death, injury or illness) might occur when exposed to a hazard.

‘Should’ indicates a recommended course of action.

In relation to crystalline silica, a weight/weight (w/w) concentration is defined as the mass of crystalline silica divided by the total mass of the crystalline silica substance and multiplied by 100%.

A workplace exposure standard published by Safe Work Australia in the Workplace Exposure Standards for Airborne Contaminants.