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The construction union has upped the ante in its campaign against the use of potentially deadly stone products, saying it would take the law into its own hands if the government failed to act.

The CFMEU said it would ban the use of products with high levels of silica from July 2024 after the deadly dust was linked to incurable lung disease and cancer.

CFMMEU national secretary Zach Smith wants the government to ban engineered stone. Jason South

The union had previously threatened to issue a directive to not unload the products from mid next year.

An estimated 600,000 workers have been exposed to silica dust generated through mining, construction, building and manufacturing.

A Curtin University study has put the total number of deadly and incurable disease silicosis at more than 100,000 people and estimated 10,000 workers would develop lung cancer from dust exposure.

Incoming national secretary Zach Smith said a full ban was needed because there was no safe level of exposure with the disease still occurring in workplaces with high levels of health and safety compliance.

“To talk about PPE and wet cutting – those sort of practices might blunt the sharp edges of silicosis, but they’re not going to fully protect workers,” he said in Canberra on Tuesday.

Smith said the timeframe gives the government enough time to act, and any earlier steps would be welcomed.

But he admitted the union-issued directive could be illegal.

“Unfortunately, actions of this sort, whether it was the ban on asbestos or green bans, aren’t always on the right side of the law,” he said.

“But that doesn’t mean that will stop us from doing what’s right to protect our members’ health.”

Smith said banning stone benchtops and products with high levels of silica wouldn’t cripple the industry with other options including natural stone, laminate and timber benchtops.

State and territory workplace health and safety ministers will be asked to fast-track a ban on the domestic use of silica when they meet on Tuesday.

Federal Workplace Minister Tony Burke said he had a “good degree of confidence” about getting support from the states and territories to scope out an immediate ban.

The federal minister needs two-thirds of state and territory jurisdictions to agree.

“Silica has the risk of becoming the new asbestos,” he said.

But any bans will not be immediate even if a decision is made on Tuesday, with a six month scoping process from Safe Work Australia before the report is considered in the second half of the year.

Burke said the scoping would include what percentage of silica in stone would be banned.

“Safe Work Australia have the expertise to work through exactly where the line should be drawn,” he said.

“But wherever that line is drawn, it has to be drawn on the side of people being able to go to work and come home without a terminal illness.”

The minister said any ban would take at least 12 months.

A report by Safe Work Australia to be presented to the ministers will recommend three actions: better education and awareness, more regulation and further research and scoping of a ban.

Burke is also set to announce the federal government will consider an importation ban after consulting stakeholders.