What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

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Stories of engineered stone companies moving interstate to avoid safety obligations

In late December 2019, Dr Graeme Edwards provided an update on Australia’s silicosis situation to the Australian Broadcasting Corporation’s PM program in which he mentions the movement of businesses to avoid occupational health (OHS) and safety obligations and duties.

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Silicosis – “we need to licence the industry and we need to regulate the product”

Last year the Scientific Meeting of the Australia and New Zealand Society of Occupational Medicine (ANZSOM) had a fiery discussion on the occupational health and safety (OHS) risks of cutting engineered stone.  The status has changed a lot over 12 months with various Codes of Practice, new exposure limits, a National Dust Disease Taskforce and lobbying from Erin Brockovich.  However the risk of worker exposure seems too have not changed this much because it is employers who are responsible for safe workplaces and there are many layers of OHS-related communication between research and practical application.

Dr Graeme Edwards (pictured above) spoke first in the ANZSOM panel on October 29 and he came out with all guns blazing.

“Prima facie evidence of system failure. That’s what accelerated silicosis means. It is an entirely preventable disease.”

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Australian Greens push for ban on engineered stone to eliminate silicosis risks

Greens MPs in Australia are increasing the political pressure to ban engineered stone from Australia because of the difficulty in eliminating silicosis risks.

On October 18, 2019, Greens MP David Shoebridge released a statement calling for the ban. Greens MP in South Australia Tammy Franks spoke in Parliament on October 16 2019, also calling for a ban on engineered stone. This and other action from other Members of Parliament are in response to inaction on the national level, partly due to occupational health and safety (OHS) being regulated by the States rather than the Commonwealth.

But as with the current controversy of thoroughbred horses being killed for export and pet food, the Federal Government is in charge of exports and imports, so could make the decision to stop imports of engineered stone. It is not as if there are not safer substitutes

The Greens in Western Australia have not called for a ban but have supported a reduced exposure standard.

David Shoebridge MP

Shoebridge was responding to reports in The Australian ($) about New South Wales government plans to reduce silicosis risks, saying they:

  • Do not remove the risk of silicosis by banning the use of manufactured stone
  • Fail to expressly ban dry cutting, which is the most dangerous way in which the product is currently used
  • Will not prevent workers in the industry being exposed to potentially lethal silica dust with even the reduced exposure standard not being implemented for three years, and
  • Fail to put in place the right screening to identify cases of silicosis as early as possible.

Tammy Franks asked the Minister for Industrial Relations and Treasurer Rob Lucas, about government action on silicosis risks in Parliament on 16 October, 2019 (video available). Curiously, Lucas indicated that an Italian manufacturer of engineered stone is producing a version with a much reduced silica content, so imports could continue but of a safer product.

More on the science behind the politics next week when SafetyAtWorkBlog reports from the Annual Scientific Meeting of the Australia and New Zealand Society of Occupational Medicine in Adelaide.

Kevin Jones

Business Leaders hear about the Vic Government’s OHS achievements, and about OHS is the Arts

Cameron Ling and Claire Spencer (top) and Natalie Hutchins (below)

October is Australia’s workplace safety month. It operates under different names in different States, but they all started on October 1 2019. These months are almost exclusively about marketing and SafetyAtWorkBlog’s Inbox has received a lot of generic statements about the importance of occupational health and safety (OHS) but with little information about how to improve it. The best we can do about this is to seek knowledge in some of the physical events and seminars scheduled during October.

On October 2 2019, WorkSafe Victoria held a Business Leader’s Breakfast at which there were two featured speakers – the Parliamentary Secretary for Workplace Safety, Natalie Hutchins, and the CEO of Arts Centre Melbourne, Claire Spencer. Hutchins spoke about the occupational health and safety achievements of the Victorian Government and Spencer spoke about the significance of the Arts Wellbeing Collective. They provided a good mix of politics and practice.

Hutchins spoke about

  • Silicosis
  • Hazardous Chemicals and Dangerous Goods
  • Workplace Manslaughter Laws, and
  • Mental Health.
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Australian silicosis research mirrored in the US

At the end of October 2019 the Australia New Zealand Society of Occupational Medicine (ANZSOM) will be conducting its annual scientific meeting in Adelaide. There are many issues on the agenda but silicosis is likely to figure prominently as it did last year, and as it should. The politics, knowledge and regulatory action has changed in the intervening twelve months.

Australia has new guidances from several occupational health and safety (OHS) regulators and agencies which restrict or ban dry-cutting of engineered stone and change other safety-related practices. There is also at least one political move to ban the use of engineered stone. But perhaps more important is that new research on silicosis risks is appearing and not just from Australia. The United States’ Centers for Disease Control and Prevention published new research on 27 September 2019 based on medical assessments and several silicosis-related deaths.

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