When must you notify SafeWork NSW about legacy engineered stone work?

In New South Wales, a PCBU that intends to carry out, or direct a worker to carry out, processing of legacy engineered stone must notify SafeWork NSW using its annual online form before the work begins. SafeWork NSW says the notice estimates processing over the coming 12 months, must be renewed every 12 months, and must be updated within 30 calendar days of a material change to previously supplied information. Keep each notice for five years. This is a narrow exception-related workflow for existing stone; it is not permission to resume the banned manufacture, supply or installation of new engineered-stone benchtops, panels and slabs. The current SafeWork NSW legacy notification page and engineered-stone ban guidance control the details.

The decision is important for repair businesses, kitchen installers, demolition contractors, plumbers, electricians and building owners arranging work on existing engineered-stone surfaces. The job may look minor, but a powered cut or drill can create respirable crystalline silica dust and a statutory notice requirement. This guide covers the NSW notice decision and record workflow, with the related risk controls needed to understand it. It is not a licence to carry out prohibited work or a substitute for a site-specific silica assessment.

Begin with the ban, not the form

Australia's engineered-stone prohibition took effect in July 2024. SafeWork NSW's current ban page explains that certain artificial benchtops, panels and slabs containing at least 1% crystalline silica are within the prohibition, subject to definitions and exemptions. Natural stone and some other products are treated differently. A previously installed engineered-stone product can remain in place; an undisturbed finished surface is not itself a reason for a business to remove it.

The legacy-work pathway permits specified repair, minor modification, removal or disposal of existing products under controls. It does not make new fabrication of a prohibited product lawful. Before accepting a job, identify the product, whether it is legacy stone, what the work actually entails, and whether a specific exemption or permitted-work rule applies. If the classification or legality of the proposed work is unclear, get current regulator or competent legal advice before committing the crew.

Some legacy stone remains in stock rather than already installed; SafeWork NSW's notification page defines its scope. Do not assume “legacy” means any post-ban stone product a supplier happens to hold. The law, product definition and intended activity all matter.

What counts as processing?

SafeWork NSW defines processing of legacy engineered stone as using a power tool or other mechanical plant to crush, cut, grind, trim, sand, abrasive-polish or drill it. A worker who power-drills a hole in an existing splashback to install a power point is processing. A worker who uses a powered grinder to remove a stone benchtop for disposal is processing. A repair that levels resin with a powered tool is processing. These examples appear on the regulator's notice page.

A task that does not involve such processing may not trigger this particular legacy-stone notice, although other WHS duties still apply. Do not decide from the trade name alone. Ask the installer exactly how the stone will be disconnected, lifted, altered and disposed of. A job scope can change from “remove intact” to “cut to get it out” once work starts; the PCBU needs a stop-and-reassess point before that powered cut occurs.

Example: replacing cabinetry below an existing benchtop

A cabinet contractor plans to lift an engineered-stone benchtop, replace damaged units and reinstall the original top in the same position. If the top can be moved and refitted without processing, the legacy processing notice may not be the trigger. If the team intends to trim an edge or grind the surface to make it fit, it is processing and the notification and strict control pathway must be checked before work. SafeWork NSW's ban guidance also limits the circumstances of reinstallation. If the original product cannot be reinstalled in the required way, an alternative that is not banned may be needed. Confirm the current wording and actual site facts.

When and how often to notify

SafeWork NSW directs PCBUs to complete its annual online legacy engineered-stone notification before processing begins, estimating the type and amount of work expected over the next 12 months. Renew every 12 months from the previous notice. If information changes, submit an updated notice within 30 calendar days, stating what changed; the regulator gives examples such as changed frequency, duration or type of work. The current notification page says an update is not required merely because the PCBU ceases the work. If processing occurred unknowingly, notify as soon as the PCBU becomes aware.

The form asks for the work type, a description of processing and equipment, expected frequency and duration. Assign an owner who can gather realistic estimates from operations, not just a compliance administrator who never sees the job schedule. Save the submission and regulator acknowledgment. Check the current online form on the day of use; forms and portal routes can change.

This is a PCBU-level annual estimate, not a separate assumption that every individual repair must receive an identical new form. But a business must still check that the actual work falls within its notified scope and controls. A substantial change to the work pattern may require an updated notice within the regulator's timeframe. If the work crosses into another state or territory, contact that regulator about its own requirements; the NSW notification does not cover the whole country.

Five-year evidence and job-level control

SafeWork NSW says to keep each notification for five years and have it accessible on request. A durable file should include the form version, date submitted, acknowledgment, estimate period, any update and the person responsible. Link each relevant job to the current notice and to its own risk assessment, method, worker training and control records. Do not confuse this notice retention period with every other silica or health-monitoring retention rule; some medical records have much longer obligations.

An annual notification is only one part of safe work. Before processing, assess whether the work involves high-risk crystalline silica substance processing and prepare the required silica risk control plan or, for qualifying construction work, a suitable SWMS where the regulations allow it. SafeWork NSW's PCBU obligations sheet describes the risk assessment, control-plan, training, air-monitoring, health-monitoring and other duties under Chapter 8A of the WHS Regulation 2025. The exact risk category and controls depend on the task and exposure.

The ban page describes controls for permitted processing of legacy stone, including effective extraction, water suppression or local exhaust ventilation and appropriate respiratory protection. Do not dry-cut and assume a paper notice makes the exposure acceptable. Site conditions, other workers, housekeeping and waste also need consideration. A competent occupational hygienist may be needed for complex exposure questions.

A practical pre-job decision sequence

1. Identify the product. Verify whether it is within the engineered-stone definition and whether it is an existing legacy product.
2. Define the task. Is it repair, modification, removal, disposal or attempted new installation? What exactly will the worker do?
3. Check processing. Will a power tool or mechanical plant crush, cut, grind, trim, sand, polish or drill the stone?
4. Check legal permission. Confirm the activity is allowed under current NSW ban and any reinstallation condition.
5. Check the notice. If processing is planned, submit or update the annual SafeWork notice before the work, as the current rule requires.
6. Assess and control silica risk. Use the current Chapter 8A process and required controls; prepare the proper plan or SWMS.
7. Brief and supervise workers. Ensure the method, respiratory protection, extraction and stop-work trigger are understood.
8. Keep evidence. Retain the notice, acknowledgment and job-level documents, and review the annual estimate when work changes.

What if the team discovers stone unexpectedly?

Stop the planned cutting or drilling. Identify the material, consult the site owner and current SDS or supplier information where possible, and reassess whether any proposed powered process is permissible. SafeWork NSW says that if a PCBU unknowingly carries out processing, it must notify as soon as it becomes aware. That does not justify continuing further processing without controls. Record what happened, assess worker exposure and follow the regulator's current instructions.

How Complys may fit the record task

The verified live Complys AU risk-assessment software describes recording hazards, controls and review reminders. That can support the risk-assessment and follow-up records for legacy stone work. The platform is not verified to submit SafeWork NSW's online notification, approve prohibited work, identify engineered stone automatically, measure silica exposure or certify that a control plan is sufficient. Keep regulator submission, product identification, competent exposure decisions and site controls with the responsible PCBU.

Where a contractor carries out the work for a client, make sure the party directing the work and the party operating on site understand their respective WHS duties. The client may hold the building's product information; the contractor may control the tools and exposure. A shared document folder is useful only if the people doing the work have the current method and evidence.

Mistakes to avoid

• Assuming the ban means all existing benchtops must be removed. Undisturbed installed stone does not automatically require that response.
• Assuming legacy work is unrestricted. The permitted pathway has notification and strict exposure controls.
• Looking only at the job title. A small powered drill hole may be processing; a carefully removed intact item may present a different notice question.
• Submitting once and forgetting. The NSW notice has an annual cycle and change update rule.
• Using the notice as the silica control plan. The regulator notice and worker-protection documents have different functions.
• Letting a NSW notice stand in for another jurisdiction. Interstate work needs that regulator's rules.
• Claiming a software record is a regulator acknowledgment. Save the actual SafeWork submission and acknowledgment.

Next step

For every NSW legacy-stone job, check whether the work involves powered processing, whether the activity is permitted and whether the business's annual notification is current and covers the expected work. Use the SafeWork NSW legacy notification page and ban guidance immediately before making the decision. Maintain the separate site risk assessment and controls; Complys risk-assessment software may help organise those records, while notification and legal responsibility remain with the PCBU.

For the related Complys product, see Risk Assessment Software. This guide is general information, not legal advice; verify current requirements against the official sources linked above.