Fines for PCBUs Failing to Meet Silica Training Requirements

In the ACT, it is mandatory for those working with crystalline silica materials to undergo specific training. Recently, WorkSafe ACT has issued 27 infringement notices against PCBUs (Persons Conducting a Business or Undertaking) under WHS Regulation s418D (1) for failing to ensure workers completed the required crystalline silica awareness training. These fines total $128,400.00.

The Work Health and Safety (Crystalline Silica Awareness Training Course and Occupations) Declaration 2023 commenced in July 2022. According to this law, all workers in specified occupations, as well as those reasonably expected to be exposed to airborne silica dust as part of their job, must complete the 10830NAT – Course in Crystalline Silica Exposure Prevention by October 1, 2023.

Between January and April 2024, WorkSafe ACT was notified of several incidents involving workers handling crystalline silica without having completed the mandatory training.

  • Out of the 27 infringement notices, 23 were issued to PCBUs in the construction industry.
  • Other sectors affected include Accommodation and Food Services, Arts and Recreation Services, Electricity, Gas, Water and Waste Services, and Manufacturing.

PCBUs Responsibilities

PCBUs have a legal duty to manage the risks associated with crystalline silica in the workplace. This includes:

  • Implementing appropriate control measures.
  • Ensuring workers understand and follow safety protocols.
  • Establishing effective hazard identification and reporting mechanisms.

Risk Management

Under the Work Health and Safety Act 2011, PCBUs, in consultation with workers, must identify hazards, assess risks, and implement practical controls to safeguard worker health and safety.

Steps for Assessing Risk:

  1. Identify Work Processes: Examine tasks involving silica or silica-containing products.
  2. Assess Exposure: Evaluate the likelihood, consequence, and outcome of exposure, potentially using air and health monitoring data.
  3. Visible Indicators: Note visible dust clouds or dust accumulation on surfaces and machinery, indicating potential risk areas.

Considerations During Risk Assessment:

  • Duration: Length of time workers are exposed to silica dust.
  • Frequency: How often workers encounter silica dust.
  • Severity: The intensity of exposure and potential health impact.

Additional Resources

For more information on occupations and tasks leading to silica exposure and further guidance, visit:

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