This Compliance Code (Code) provides practical guidance for those who have duties or obligations under the Occupational Health and Safety
Act 2004 (OHS Act) and the Occupational Health and Safety Regulations 2017 (OHS Regulations), in relation to exposure to crystalline silica as a result of working with engineered stone.
The Code was developed by WorkSafe Victoria (WorkSafe). Representatives of employers and employees were consulted during its preparation. It was made under the OHS Act and approved by Jill Hennessy MP, Minister for Workplace Safety.
Duty holders under the OHS Act and OHS Regulations should use this Code to assist them in complying with their duties under the OHS legislation.
While the guidance provided in the Code is not mandatory, a duty holder who complies with the Code will – to the extent it deals with their duties or obligations under the OHS Regulations or OHS Act – be taken to have complied with those duties or obligations.
If conditions at the workplace or the way work is done raise different or additional risks not covered by the Code, compliance must be achieved by other means. WorkSafe publishes guidance to assist with this at worksafe.vic.gov.au.
Failure to observe the Code may be used as evidence in proceedings for an offence under the OHS Act or OHS Regulations. However, a duty holder will not fail to meet their legal duty simply because they have not followed the Code. A WorkSafe inspector may cite the Code in a direction or condition in an improvement notice or prohibition notice as a means of achieving compliance.
A health and safety representative (HSR) may cite the Code in a provisional improvement notice when providing directions on how to remedy an alleged contravention of the OHS Act or OHS Regulations.
Approval for the Code may be varied or revoked by the Minister. To confirm the Code is current and in force, go to worksafe.vic.gov.au.