New WHS Silica Duties

September 10, 2025 · IR & Employee Matters

From 1 October 2025, NSW PCBUs in multiple industries including construction, tunnelling, demolition, manufacturing, mining, quarrying, and stone masonry must comply with new duties under the Work Health and Safety Amendment (Silica Worker Register) Regulation 2025.

Key requirements

  • Who is affected: Any PCBU directing or allowing workers to perform high-risk processing of crystalline silica substances (CSSs).
  • What is “high-risk processing”: Activities likely to create a health risk, including cutting, grinding, drilling, polishing, tunnelling, excavating, quarrying, screening, or using power tools on CSSs.

What must be reported to SafeWork NSW:

  • Worker’s name, DOB, phone, email
  • Location and start date of the processing
  • Whether the work involves tunnel construction (and project name if applicable)
  • Whether health monitoring has been conducted in the past 12 months

Timeframe: Information must be provided within 28 days of commencing high-risk processing.

Penalties for non-compliance

  • Corporations: Up to $150,000 for failing to provide required information.
  • False/misleading information: Over $70,000 in fines.
  • On-the-spot penalty notices: $4,500.

Purpose of the register

SafeWork NSW will use the register to:

  • Monitor compliance with WHS and workers’ compensation laws
  • Arrange health monitoring for eligible workers
  • Develop targeted WHS education and training

Action: If your business undertakes or engages subcontractors for high-risk CSS processing, you must implement systems now to capture and report worker details within the 28-day deadline to avoid significant penalties.

CCF NSW will have a suite of silica documentation available shortly. For more information, please call CCF NSW on 9009 4000.