Master Builders ACT (MBA) and the Housing Industry Association (HIA) have hit out against ACT Minister for Industrial Relations and Workplace Safety Mick Gentleman over legislative amendments they say will make worksites “more unsafe”.

Since July this year, the MBA claim they have been providing feedback in regard to the practicality of Regulation 418B and 418C of the Work Health and Safety Amendment Regulation 2022 (No 1).

The regulation moderates the uncontrolled dry cutting of material containing crystalline silica and describes the effective control measures for cutting the material that aim to protect workers from silica dust.

Canberra Daily have been provided copies of the MBA’s correspondence to Minister Gentleman.

Two emails were sent regarding the regulations: the first on 8 July brought urgent concerns about what the MBA says is a lack of consultation, work, health and safety ACT deviating from the WHS model legislation, and the practical reality of the prescribed regulations.

The second, on 6 September, was in response to a request for information from the government, in which the MBA referred to their previous submissions and provided detailed member feedback describing when circumstances using water to control silica dust would make an environment unsafe for workers.

The amendments were set to be implemented on 14 July this year, but the industry was granted a three-month legislative exemption from the ACT WorkSafe Commissioner, which expires on Monday 17 October.

MBA ACT CEO Michael Hopkins said the ACT Government is “putting hundreds of building sites at risk of shutting down” and called on Mr Gentleman to urgently review the regulation.

Mr Hopkins said mandating the use of water as a dust suppressant in some circumstances to manage silica dust is unsafe, particularly when around electricity, where drainage is not yet installed in multi-storey construction, and where water may create a slip hazard.

“It is unfathomable that government would ignore comments received from industry and proceed with legislation that actually makes worksites more unsafe,” he said.

“Attempts to engage with the Minister for Workplace Safety and Directorate responsible for drafting the Amendment Regulations have fallen on deaf ears.”

In addition, the HIA has expressed fears of construction sites closing next week and has called on the ACT Government to reverse its decision to introduce “impractical safety laws”.

HIA executive director Greg Weller said the association has written to Minister Gentleman urging him to halt the new legislation because the regulations are “impossible” to comply with and “inconsistent with national safety rules”.

“The industry whole-heartedly supports the intention of preventing harm from this dangerous dust, however, the physical tools to comply with this strategy and use water simply don’t exist. The use of water in close proximity to electrical equipment will introduce unacceptable safety risks to workers,” Mr Weller said.

“While the government might say this is best practice and driven by safety concerns, it is inconsistent with the approach to managing this risk in the rest of Australia, and the world.

“HIA has requested the Minister change the regulations to align with the government’s policy to permit controlled dry cutting for specific products where water will create a risk.

“These tools can be made safe using other approved methods and should be allowed in the ACT as they are across the rest of Australia.”

ACT Government denies allegations

Canberra Daily contacted Minister Gentleman’s office about the MBA and HIA’s claims, and an ACT Government spokesperson said the government takes the risk of silica dust exposure “very seriously and will always prioritise the safety of workers”.

The spokesperson denied allegations the ACT Government has not consulted with appropriate stakeholders, stating they have “worked closely with the construction industry, unions and other stakeholders to develop the reforms”.

“The Minister for Industrial Relations and Workplace Safety Mick Gentleman is reviewing the silica dust regulation in light of recent feedback, including feedback received after the release of the Silica Dust Action Plan, released in April 2022, that was developed in consultation with construction industry stakeholders,” said the spokesperson.

“Measures that protect workers on construction sites and help the industry flourish will always be a priority for the ACT Government, that’s why a three-month exemption period on the enforcement of these regulations was created in the first place.”

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