Safe Work Australia has now published the following draft amendments:

• Model Work Health and Safety Regulations (Engineered Stone) Amendment 2024 (safeworkaustralia.gov.au); and
• Model Work Health and Safety Regulations (Crystalline Silica Substances) Amendment 2024 (safeworkaustralia.gov.au)

The first lot of draft amendments give effect to the prohibition on the use of engineered stone, as well as frameworks for exemptions and working with legacy stone. The relevant explanatory statement can be viewed here.

The second lot of draft amendments provide for stronger regulation of the processing of materials containing crystalline silica across all industries. The relevant explanatory statement can be viewed here.

As the Committee is aware, for amendments to the model WHS Act and model WHS Regulations to have effect in a jurisdiction, they must be enacted in that jurisdiction.

Publication of the draft instruments will now trigger a legislative amendment process in each State and Territory, which we anticipate (with the exception of transitional arrangements) will reflect the model instruments.

JURISDICTIONAL UPDATE – TRANSITIONAL ARRANGEMENTS

Meanwhile, as at the time of writing (and according to SWA) the updated official jurisdictional positions on transition arrangements are as follows:

• Commonwealth – Information to come;
• NSW – Information to come;
• QLD – Will not have a transitional period;
• SA – Will have transitional arrangements between 1st July 2024 and 31^st December 2024;
• VIC – Will not have a transitional period;
• ACT – Will not have a transitional period;
• WA - Will have transitional arrangements between 1st July 2024 and 31^st December 2024;
• NT – Will have transitional arrangements between 1st July 2024 and 31^st December 2024; and
• TAS – Information to come.