Materials containing crystalline silica are used to make a variety of products, including engineered stone, concrete, ceramic tiles, bricks and mortar. The amount of crystalline silica in these products varies depending on the type of product. To find out how much crystalline silica is in a product, refer to the safety data sheet (SDS) or product information from the supplier.

When products containing crystalline silica (such as engineered stone) are subjected to processes such as cutting, grinding or polishing, very fine dust is released into the air.

A ban on the uncontrolled dry cutting of engineered stone is in effect in Victoria.

An employer, a self-employed person or a person who manages or controls a workplace must ensure that a power tool is not used for cutting, grinding or abrasive polishing of engineered stone at a workplace unless the use is controlled. The use of a power tool is controlled if it is used with:

a) an integrated water delivery system that supplies a continuous feed of water, or

b) a commercially available on-tool extraction system connected to a Dust Class H vacuum or another suitable system that captures the dust generated, or

c) where the controls listed at (a) and (b) are not reasonably practicable, local exhaust ventilation.

An employer, a self-employed person or a person who manages or controls a workplace must also provide a person who is undertaking cutting, grinding or polishing of engineered stone with respiratory protective equipment that is suitable for the activity being carried out.

If you or your workers are carrying out a crystalline silica process or processes, you must identify whether those processes meet the definition of ‘high risk crystalline silica work’ (HRCSW).

Crystalline silica processes most typically performed in the domestic sector include the use of a power tool or other form of mechanical plant to cut, grind, polish, or crush material containing crystalline silica or to carry out any other activity involving material containing crystalline silica that generates crystalline silica dust.

Under the OHS Regulations, HRCSW is defined as work performed in connection with a crystalline silica process that is reasonably likely to result in:

1. an airborne concentration of respirable crystalline silica that exceeds half the exposure standard for respirable crystalline silica or

2. a risk to the health of a person at the workplace

You can undertake a risk assessment in accordance with the OHS Regulations to identify whether the crystalline silica process or combination of processes that you perform are high risk crystalline silica work.

Alternatively, you can choose to identify these processes as HRCSW without undertaking the risk assessment process. You may choose to do this where you have formed the belief that the crystalline silica process or processes you perform will clearly meet the definition of HRCSW outlined above. If you are unable to identify whether a crystalline silica process (or processes) is HRCSW, the process (or processes) must be treated as HRCSW.

Where you have identified HRCSW, an employer or self employed person must prepare a hazard control statement before commencing that work.

What needs to be included in a hazard control statement?

The hazard control statement must:
• state the hazards and risks to health associated with the HRCSW
• clearly detail the measures selected to control those risks in accordance with the hierarchy of controls (outlined below)
• describe how the risk control measures will be implemented
• if an analysis is required of samples, contain the results of that analysis (see Quarrying and tunnelling processes below)
• be set out and expressed in a way that is readily accessible and comprehensible to the persons who use it.

The hazard control statement should also identify the:
• date and location the HRCSW is to be performed
• person(s) responsible for ensuring selected risk controls are implemented and maintained
• names of workers consulted in the document’s preparation.

What are your responsibilities?
Uncontrolled dry cutting of engineered stone must not be undertaken.

It is the principal contractor's (builder's) responsibility to ensure, so far as is reasonably practicable, that no high risk crystalline silica work (HRCSW) under their management commence until they have received the crystalline silica hazard control statements (CSHCS) from the contractor due to perform the work. The builder will then review the document to ensure that it's adequate.

You are not expected to be the expert in all of the specialist subcontractors’ tasks. You should therefore not attempt to provide or revise the subcontractor’s system of work detailed in their CSHCSs. However, where there is an obvious deficiency in safety or risk controls, you can refuse to accept the system of work in its current form.

Once you have received a satisfactory CSHCS you must retain a copy of it for the duration of the high risk crystalline silica work. Master Builders Victoria recommends CSHCSs are retained indefinitely, on file, as a means of demonstrating that steps that were taken to provide a safe workplace.

As the principal contractor, you must, so far as is reasonably practicable, monitor your employees' and contractors' health and the conditions of the workplace under your management and control. Central to this responsibility is regularly checking that high risk crystalline silica work is performed in accordance with the CSHCSs. If work is not being undertaken in accordance with the CSHCS work must stop as soon as it is safe to do so.

Work must not resume until the CSHCS has been complied with, or alternatively, have been reviewed and if necessary revised. This should not involve accepting a less effective risk control.

Note: If the HRCSW is being undertaken as part of high risk construction work, a separate hazard control statement (CSHCS) is not required where a safe work method statement (SWMS) has been prepared which addresses the matters required for a hazard control statement.