Exemption to allow the re-installation of existing engineered stone benchtops, panels or slabs

6 June 2025

The Work Health and Safety (WHS) Commissioner has put in place a conditional exemption allowing the reinstallation of existing engineered stone benchtop, panel or slab.

Previously under the WHS Regulation 418F, the engineered stone prohibition applied to installation, which also included re-installation. Therefore, you could not re-install an engineered stone benchtop, panel or slab that had been removed for the purpose of cabinet repair or refurbishment, even if no processing (cutting, grinding, polishing, trimming, and sanding) was required.

For example, when:

  • an existing engineered stone benchtop, panel or slab has been removed to repair underlying cabinetry or plumbing, and
  • the engineered stone benchtop, panel or slab merely needs to be put back in place after those repairs are complete.

Safe Work Australia (SWA) Members agreed that this was an unintended consequence of the engineered stone prohibition amendments made in the model WHS Regulations.

The request for an interim solution was made and has since been reviewed, resulting in a thorough assessment from the WHS Commissioner. Upon consideration of all health and safety risks associated, the WHS Commissioner has determined the exemption to carry no greater risk to exposure of crystalline silica than is ordinarily permitted by WHS Regulations.

Scope of exemption

The exemption applies to all Persons Conducting a Business or Undertaking (PCBU), who carry out, direct, or allow a worker to carry out work to remove and reinstall existing engineered benchtops, panels or slabs.

The exemption applies to specific situations where it is necessary to remove an existing engineered stone benchtop, panel or slab from the underlying cabinetry in order to facilitate the repair or modification of cabinetry, or to give access to repair or modify some other underlying component, and then re-install the engineered stone benchtop, panel or slab without modification or processing when the required work is completed.

Exemption conditions

The key conditions in the exemption include:

  • The reinstallation must be associated with repair or modification of underlying cabinetry or supporting structure, or to give access to repair or modify some other underlying component
  • The engineered stone benchtop, panel or slab must be re-installed in the same exact location and address from which it was removed.
  • The exemption does not allow the installation of a replacement engineered stone benchtop, panel or slab if for any reason the original engineered stone benchtop, panel or slab cannot be re-installed.
  • Any processing undertaken, including minor modifications of the existing engineered stone benchtop, panel, or slab is to be controlled in accordance with WHS Regulation 418H.
  • The relevant PCBU must notify WorkSafe ACT of the processing being undertaken consistent with the requirements under WHS Regulation 418I.

Further information:

On this page