From 1 July 2024, a person conducting a business or undertaking (PCBU) must not carry out, or direct or allow a worker to carry out, work that involves the manufacture, supply, processing, or installation of engineered stone benchtops, panels, and slabs. This is referred to as the ‘engineered stone prohibition’ in this guide.

For specific details about the implementation of the engineered stone prohibition in your jurisdiction, including the commencement date and any applicable transitional arrangements, please refer to the WHS regulator for the jurisdiction in which you carry out work on engineered stone.

Importantly, the engineered stone prohibition only applies to engineered stone benchtops, panels and slabs. Engineered stone products not in these forms are not prohibited. Engineered stone does not include sintered stone or porcelain products, provided they do not contain resin. However, under the WHS Regulations, processing of sintered stone and porcelain products, and engineered stone that is not a benchtop, panel or slab, must be controlled.

There are limited exceptions from the prohibition which permit certain processing to be carried out on legacy engineered stone benchtops, panels and slabs.

Any processing involved in permitted work with legacy engineered stone must be controlled, and
the PCBU must also comply with notification requirements before carrying out permitted work with legacy engineered stone.

Under the WHS Regulations, a person may apply for an exemption from the prohibition for a type of engineered stone product. A WHS regulator may grant an exemption if certain criteria are met. An exemption granted by a WHS regulator is recognised by all WHS regulators with a corresponding WHS law in relation to granting engineered stone prohibition exemptions.

The purpose of this guide is to assist PCBUs to understand their obligations in relation to the engineered stone prohibition.

A glossary of terms used in the guidance is at Appendix A.