Chapter 8A Crystalline Silica Regulations: What Every Australian Business Must Do to Comply
On 1 September 2024, Safe Work Australia amended the model Work Health and Safety Regulations to introduce Chapter 8A — a dedicated chapter on crystalline silica and silica processes. This is now the primary legal framework for silica risk management in every Australian workplace.
Chapter 8A is not limited to mining or construction. It applies to every person conducting a business or undertaking (PCBU) that processes a crystalline silica substance (CSS) — defined as any material containing at least 1% crystalline silica by weight. Concrete contains 25–50% silica. Brick contains 10–30%. Sandstone contains 70–90%. Granite contains 25–40%. Most natural soils, gravel and rock contain well above the 1% threshold. If your business cuts, drills, grinds, crushes, screens, sands, polishes, excavates, blasts or disturbs any of these materials, Chapter 8A applies to you.
The regulations were introduced in response to the re-emergence of silicosis and other silica-related lung diseases across Australian workplaces, particularly in the engineered stone industry (where accelerated silicosis was diagnosed in workers in their twenties and thirties) and in mining and quarrying (where coal workers’ pneumoconiosis was re-identified in Queensland from 2015). The engineered stone ban took effect on 1 July 2024. Chapter 8A took effect two months later, extending silica controls across all industries.
This guide covers what Chapter 8A requires, which businesses are affected, the key compliance deadlines, and the practical steps to achieve and maintain compliance.
What Is a Crystalline Silica Substance? The 1% Threshold
A crystalline silica substance (CSS) is any substance that contains 1% or more crystalline silica by weight. Crystalline silica is a naturally occurring mineral found in most rocks, soils, sands and manufactured products. The most common form is quartz, which is present in granite, sandstone, basalt, gravel, concrete, brick, tile, mortar, asphalt, fibre-cement sheeting and most natural materials encountered in construction, mining, quarrying and landscaping.
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The 1% threshold is deliberately low. It captures virtually every natural material and most manufactured construction products. If you are unsure whether a material your workers process contains ≥1% silica, the regulation requires you to assume it does and apply the controls accordingly. The onus is on the PCBU to determine the silica content of materials being processed — not on the worker to prove exposure.
Industries and activities affected by Chapter 8A
| Industry | Common CSS Materials | Typical Processing Activities | Examples |
| Mining and quarrying | Rock, ore, overburden, gravel, soil | Drilling, blasting, crushing, screening, hauling, stockpiling | Coal mines, gold mines, iron ore, quarries, sand extraction |
| Construction | Concrete, brick, tile, sandstone, pavers, fibre-cement | Cutting, drilling, grinding, demolition, excavation, grading | Building sites, road construction, civil works, infrastructure |
| Tunnelling | Rock, concrete, shotcrete, soil | TBM operation, drill and blast, concrete spraying, excavation | Metro rail, road tunnels, utility tunnels, hydroelectric |
| Demolition | Concrete, brick, mortar, render, tile | Breaking, crushing, sawing, grinding, sweeping | Building demolition, road removal, bridge decommissioning |
| Manufacturing | Concrete products, brick, tile, glass, ceramics, foundry sand | Cutting, grinding, moulding, kiln firing, sandblasting | Concrete precasters, brick kilns, glass manufacturers |
| Landscaping and earthworks | Soil, sand, gravel, rock, pavers, retaining walls | Excavation, cutting, paving, grading, trenching | Residential landscaping, commercial earthworks, pool construction |
| Stone masonry and fabrication | Granite, marble, sandstone, natural stone | Cutting, grinding, polishing, shaping, installation | Benchtops, headstones, architectural stone, heritage restoration |
What Chapter 8A Requires: The Seven Obligations Every PCBU Must Meet
- Identify whether you process a CSS. Determine whether any material processed at your workplace contains ≥1% crystalline silica by weight. If you cannot determine the silica content, you must assume the material is a CSS and apply the controls. Sweeping or vacuuming dust containing crystalline silica is classified as ‘processing’ under this framework.
- Determine whether the processing is high-risk. Processing is high-risk if it is reasonably likely to result in a health risk to anyone at the workplace from exposure to respirable crystalline silica (RCS). If you cannot determine whether the processing crosses this threshold, the regulation requires you to assume it does. Common high-risk activities include cutting, grinding, drilling, polishing, excavating, quarrying, screening, crushing and using power tools on any CSS material.
- Implement controlled processing measures. All CSS processing must be controlled. Uncontrolled processing — such as dry cutting of concrete or brick without dust suppression — is prohibited. The hierarchy of controls must be applied: elimination, substitution, engineering controls (wet cutting, local exhaust ventilation, enclosed systems, chemical dust suppression), administrative controls and finally PPE. Engineering controls are the primary means of control; PPE is the last resort.
- Prepare a silica risk control plan (for high-risk processing). If the processing is assessed as high-risk, a written silica risk control plan must be prepared before work commences. The plan must identify the CSS being processed, describe the processing activity, assess the risk, specify the control measures, detail the air monitoring programme, describe the health monitoring arrangements, and set out the review schedule. The plan must be accessible to workers and reviewed whenever there is a change in the work process or when monitoring results indicate controls may not be effective.
- Provide accredited crystalline silica training. Workers who perform or supervise high-risk CSS processing must complete accredited training in crystalline silica awareness and management. The training must cover the health effects of RCS exposure, how silica dust is generated, how controls work, the worker’s obligations, and how to use and maintain PPE. The PCBU must maintain records of training completed.
- Conduct air monitoring. Air monitoring must be conducted where the PCBU cannot confirm that worker exposures are below the workplace exposure standard, or where monitoring is required to verify that controls are effective. Results exceeding the WES must be reported to the regulator. Monitoring must be conducted by a competent person using approved methods, with analysis by a NATA-accredited laboratory.
- Implement health monitoring. Workers with ongoing exposure to RCS must be enrolled in a health surveillance programme. This includes baseline respiratory function testing and chest imaging before high-risk work commences, periodic monitoring at defined intervals (typically every three years), and exit health assessments when workers leave the role. Results must be communicated to the worker and records retained for the prescribed period (30–40 years in most jurisdictions).
Key Compliance Deadlines: What Has Changed and What Is Coming
Chapter 8A compliance timeline
| Date | Change | What It Means for Your Business |
| 1 July 2024 | National engineered stone ban takes effect | Manufacture, supply, processing and installation of engineered stone prohibited in all jurisdictions |
| 1 September 2024 | Chapter 8A commences in model WHS Regulations | All PCBUs processing CSS must implement controlled processing measures, risk assessments and training obligations |
| 1 October 2025 (NSW) | NSW Silica Worker Register commences | NSW PCBUs must notify workers performing high-risk CSS processing to the register within 28 days of commencement |
| November 2025 | Safe Work Australia Model Code of Practice: Managing Risks of RCS published | Provides approved practical guidance; admissible in court proceedings; courts may rely on it to determine what was reasonably practicable |
| April 2025 (NSW) | NSW Resources Regulator position paper on Chapter 8A compliance for mining | Detailed enforcement position on every section of Part 8A.1 for mine operators; sets expectations for inspections |
| 1 December 2026 | WES transitions to WEL (Workplace Exposure Limit) | 0.05 mg/m³ reclassified as a hard limit with strengthened enforcement; numerical value under review (some jurisdictions advocating 0.02 mg/m³); all exposure control plans must be reviewed |
The December 2026 WES-to-WEL transition is the most significant upcoming change. The reclassification signals a deliberate regulatory shift: the workplace exposure standard is no longer a guideline or target — it is a hard limit with strengthened enforcement provisions. Businesses that have been treating 0.05 mg/m³ as an aspiration rather than a ceiling will need to demonstrate verifiable compliance. Victoria’s WorkSafe has already adopted a target of 0.02 mg/m³ — below the current national standard — signalling the direction of regulatory travel.
Non-Compliance Consequences: Fines, Shut-Downs and Legal Liability
Chapter 8A is designed to be enforceable. The consequences of non-compliance include improvement notices and prohibition notices (which can shut down work immediately), fines under the WHS Act (up to $3 million for a body corporate and $600,000 for an individual for a Category 2 offence; higher for Category 1 offences involving reckless conduct), prosecution by the regulator (SafeWork, WorkSafe or the Resources Regulator depending on jurisdiction), loss of eligibility for government contracts and tenders (increasingly common as procurement policies require WHS compliance evidence), and civil liability (workers diagnosed with silica-related disease can pursue common law damages against employers who failed to implement adequate controls).
The enforcement trajectory is clear: regulators are conducting targeted inspection campaigns, issuing significant numbers of notices (over 800 notices issued in the NSW Resources Regulator’s 12-month mobile plant programme alone), and the courts are treating silica exposure as one of the most serious workplace health failures. Not knowing about Chapter 8A is not a defence. Courts will reference the Model Code of Practice as evidence of what was reasonably practicable.
Engineering Controls: What Effective Compliance Looks Like in Practice
The hierarchy of controls requires engineering controls as the primary means of managing RCS exposure. PPE is the last resort. The engineering controls that satisfy Chapter 8A obligations vary by industry and activity, but the principle is consistent: reduce the concentration of respirable silica dust in the air before it reaches the worker’s breathing zone.
For mining and quarrying: polymer dust suppression on haul roads reduces traffic-generated silica dust by 80–90%. Chemical activation of spray water at crushers, screens and transfer points — independently verified as 12 times more effective than water alone — captures the respirable fraction that plain water misses. Soil stabilisation of road surfaces prevents the generation of silica-bearing dust from the wearing course material.
For construction and civil works: wet cutting with chemical activation (not water alone) on concrete saws, angle grinders and core drills. Enclosed processing with extraction for indoor grinding and polishing. Polymer erosion control on disturbed surfaces to prevent wind erosion of silica-bearing soil. Automated dosing systems that ensure consistent product delivery across shifts and operators.
For all industries: cabin filtration and pressurisation on heavy mobile equipment (HEPA filtration, 25–50 Pa positive pressure, verified by regular testing). Real-time dust monitoring at key sources to provide immediate feedback on control effectiveness. Air monitoring for personal exposure assessment conducted by a competent person using approved methods.
Common Compliance Mistakes: What Regulators Are Finding
Regulatory inspections and audits across Australia are identifying consistent compliance gaps. The Queensland RS20 audit programme found that inadequate dust management plans, non-conforming cabin ventilation systems and absent RPE programmes represented approximately 60% of all corrective actions across 25 surface coal mines. Similar patterns are emerging across construction and quarrying.
The most common mistakes include:
Relying on PPE as the primary control. Chapter 8A explicitly requires engineering controls first. A silica risk control plan that specifies ‘P2 mask’ as the primary control is non-compliant. Regulators expect to see wet cutting, ventilation, chemical suppression and other engineering measures before PPE is considered.
No written silica risk control plan. Many businesses processing CSS have not prepared a written plan. Some have generic dust management documents that do not address crystalline silica specifically. The regulation requires a plan that identifies the CSS, describes the processing, assesses the risk, and specifies the controls — not a generic WHS document.
No air monitoring. Businesses that have not conducted air monitoring cannot demonstrate that worker exposures are below the WES. The absence of monitoring data is itself a compliance gap. If you cannot prove exposures are below 0.05 mg/m³, the regulator will assume they may not be.
No accredited training. Workers performing high-risk CSS processing must complete accredited crystalline silica training. On-the-job induction or generic dust awareness training does not satisfy this requirement.
Failure to register high-risk workers (NSW). Since 1 October 2025, NSW PCBUs must notify workers performing high-risk CSS processing to the Silica Worker Register within 28 days. Many businesses are not yet aware of this obligation or have not established the reporting process.
Chapter 8A Is Not Coming — It Is Here. The Question Is Whether You Are Compliant.
Chapter 8A has been in effect since 1 September 2024. The Model Code of Practice was published in November 2025. The NSW Silica Worker Register commenced in October 2025. The WES-to-WEL transition takes effect on 1 December 2026. The enforcement framework is in place, inspections are active, and penalties are being issued.
For businesses across mining, construction, quarrying, demolition, manufacturing, landscaping, tunnelling and any other sector that processes materials containing crystalline silica, the compliance pathway is clear: identify your CSS materials, assess whether the processing is high-risk, prepare a silica risk control plan, implement engineering controls, provide accredited training, conduct air and health monitoring, and review the plan regularly.
The engineering controls that satisfy Chapter 8A are available, proven and deployable. Polymer dust suppression, chemical activation of spray water, soil stabilisation, polymer erosion control and automated dosing systems deliver measurable reductions in respirable crystalline silica concentrations at the source — the engineering approach that Chapter 8A demands and the courts will assess.
The cost of compliance is measurable and manageable. The cost of non-compliance — in fines, shut-downs, legal liability, worker disease and reputational damage — is not.
Sources and References
Safe Work Australia: Stronger Regulation of Crystalline Silica Substances from 1 September 2024
Safe Work Australia: Model Code of Practice: Managing Risks of Respirable Crystalline Silica in the Workplace (November 2025)
Occupational Hygiene: Silica Dust Regulations NSW: Chapter 8A & Silica Worker Register (April 2026)
Compliance Council: Silica Dust Compliance in NSW Construction — Chapter 8A obligations, WES to WEL transition
Control Hire: Compliance Recap 2025 and 2026: WHS, Silica, Risk Control — Silica Task Force, expanded RCS control plans
Control Hire: SafeWork Australia’s Silica Update & Your 2026 Plans — dry cutting prohibition, health monitoring, penalties
NSW Resources Regulator: Position Paper: Regulatory Approach to Crystalline Silica Regulation Compliance and Enforcement (April 2025)
Civil Contractors Federation NSW: New WHS Silica Duties — Silica Worker Register from 1 October 2025, 28-day notification, affected industries
Nova Group Pacific: Silica Dust Regulation in Australia: 2025–2026 Compliance Guide — engineered stone ban, monitoring, health surveillance
WorkSafe WA: Silica — WA compliance project, statement of regulatory intent, hazardous chemicals regulations
GRT: Silica Dust Regulations in Australian Mining
GRT: GRT: Haul-Loc — polymer dust suppressant
GRT: GRT: Activate — chemical dust suppression
GRT: GRT7000 — soil stabilisation
GRT: GRT: Enviro-Binder — erosion control
GRT: SMART Dosing Units
