“The ACT Government’s poorly drafted regulations on management of silica dust on construction sites will create vastly more problems than they solve. Managing silica dust risks is very important, but good intent does not guarantee good regulation,” Mark Goodsell, Head – National WHS Policy, Ai Group said today.
“These unnecessary new rules will potentially add significantly to building costs in Canberra and project delays. It will certainly add to confusion over the consistency of safety regulation despite commitments, including by the ACT Government, to nationally harmonised work health and safety laws.
“The new regulations come into force on Monday 17 October after a three-month delay to allow consultation on the practical implications of requirements that were sprung on industry in late June.
“The new regulations require that construction materials that contain silica must not be subject to any cutting, drilling or grinding without using a water flow to suppress dust.
“The new rules were not foreshadowed in the ACT Government’s Silica Plan earlier in 2022 and have blindsided industry by requiring impractical and in some cases dangerous control measures to manage silica dust. Now, with days to go before they come into effect, no-one has any idea what will be allowed and what will not – applications for exemptions from the requirements were invited but have not been resolved. Hundreds of companies risk being in breach of the new laws even though they are managing the risks of silica dust to standards acceptable everywhere else in Australia and globally.
“Industry is very conscious of the risks of silica dust and currently uses a range of dust suppression controls, including 'wet cutting' depending on the product, location and environment. Vacuum attachments, air ventilation, work separation and PPE are all part of the control measures that can keep dust levels within statutory limits.
“To mandate that water be used in all situations does not make sense to anyone who understands the processes and risks of construction sites – the risks of electrocution and slipping or falling are obvious, as well as the damage to structures and materials from excess water. All other Australian work safety regulators who have closely examined the issue of silica dust have avoided mandating wet cutting in all cases – except the ACT.
“Ai Group has asked that the regulation be reconsidered and brought into line with the policy discussion and direction that preceded the making of the regulation – banning dry cutting that is uncontrolled.
“The implications for the on-site construction industry, as well as product suppliers and manufacturers are enormous. It affects established processes, tool and machine selection and project sequencing which in turn all have an impact on costs. It would be far better for industry and its supply chain to be an ally in controlling silica dust than to be confronted with such unnecessary disruption,” Mr Goodsell said.
Further Comment:
Mark Goodsell – 0418 408 871
