Silica Dust Regulations in the ACT: Compliance Guide for Canberra Employers in 2026
The Australian Capital Territory has one of the most recently updated silica frameworks in the country — and silica dust monitoring in the ACT is actively enforced by both WorkSafe ACT and Comcare in the country — and one specific instrument that sets it apart: the ACT’s own Code of Practice for Managing the Risks of Airborne Crystalline Silica in the Workplace, approved in July 2024. If you operate a construction, civil, or trades business in the ACT, this is what you need to understand.
Book silica monitoring for your ACT worksite →
Legislative Framework in the ACT
- Primary Act: Work Health and Safety Act 2011 (ACT)
- Regulations: Work Health and Safety Regulation 2011 (ACT), incorporating Chapter 8A crystalline silica provisions (effective 1 September 2024)
- Additional instrument: Work Health and Safety (Managing the Risks of Airborne Crystalline Silica (Silica Dust) in the Workplace Code of Practice) Approval 2024 — effective 1 July 2024
- Regulator: WorkSafe ACT
The ACT is unique in having enacted its own Code of Practice specifically for airborne crystalline silica management, pre-dating the national Chapter 8A amendments by two months. This Code of Practice provides detailed, ACT-specific practical guidance for compliance.
The ACT Code of Practice for Airborne Crystalline Silica
The ACT Code of Practice, approved on 1 July 2024, provides the definitive guidance for how ACT PCBUs should manage the risks of silica dust exposure. While compliance with the Code is not legally mandatory in the same way the regulations are, it represents the accepted standard of what is “reasonably practicable” under ACT WHS law.
Key elements of the Code:
– Detailed control measure requirements for each high-risk silica task (cutting, drilling, grinding, jackhammering, demolition, tunnelling)
– Specific guidance on when air monitoring is required and how it should be conducted
– Training requirements for workers and supervisors
– Health surveillance guidance
ACT employers who comply with the Code have a strong defence against WHS Act breach allegations — it demonstrates they took reasonable steps to control the risk.
Chapter 8A Obligations in the ACT
From 1 September 2024, ACT PCBUs processing crystalline silica substances must comply with Chapter 8A. The obligations mirror the national framework:
Controlled processing: No uncontrolled processing of materials containing ≥1% crystalline silica. Controls must follow the hierarchy of controls.
Risk assessment: Classify processing as high-risk or otherwise. High-risk processing triggers a written silica risk control plan, accredited training, air monitoring, and health monitoring.
Air monitoring: Required wherever WES compliance cannot be confirmed. Conducted by a competent occupational hygienist, analysed by a NATA-accredited laboratory, results retained for 30 years.
Engineered stone ban: From 1 July 2024, engineered stone cannot be manufactured, supplied, processed, or installed in the ACT. Businesses performing any work on engineered stone kitchen or bathroom benchtops are in breach of this ban.
The ACT’s Construction-Heavy Workforce
Canberra’s economy is heavily influenced by federal government construction — infrastructure, defence, public buildings — creating a concentration of concrete cutting, masonry, and civil works activity. The ACT’s small geographic area means many construction workers are exposed across multiple sites that are all subject to WorkSafe ACT oversight.
WorkSafe ACT has historically had close collaborative relationships with principal contractors and the CFMEU — inspectors are active on ACT construction sites and familiar with silica compliance expectations.
December 2026 WEL in the ACT
The WEL transition from December 2026 applies in the ACT as in all other jurisdictions. ACT employers should prioritise baseline air monitoring before this deadline to establish their current compliance position. [Internal link: What the December 2026 WEL means for your business]
Frequently Asked Questions
Does the ACT have its own silica laws separate from the national WHS?
The ACT uses the national model WHS Act (as enacted by the ACT Government), but has its own Code of Practice for Airborne Crystalline Silica (July 2024) which is ACT-specific. Chapter 8A applies in the ACT from 1 September 2024 in the same form as other WHS jurisdictions.
Who regulates silica dust in the ACT?
WorkSafe ACT regulates WHS compliance including silica dust. The ACT also has Comcare jurisdiction for Commonwealth government employers operating in the ACT — these employers comply with federal WHS legislation rather than ACT WHS law.
Does Comcare apply in the ACT?
For Commonwealth government agencies and their contractors, yes — Comcare (the federal WHS regulator) has jurisdiction. Comcare has its own notification portal for monitoring exceedances and its own guidance on crystalline silica compliance.
Book ACT Silica Monitoring
Our certified occupational hygienists service Canberra and the wider ACT for silica air monitoring. We’re familiar with both WorkSafe ACT and Comcare requirements.
Contact us — Canberra/ACT site assessments available rapidly.
[Internal link: Silica dust air monitoring — Australia-wide]
