Category: enforcement

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

“We need to act together to help me get my act together”

On October 21 2019, Victorian Premier Daniel Andrews posted on Facebook in support of his government’s move to introduce Industrial Manslaughter (IM) laws. He chose the death of Jacob Kermeen and its effect on the family in support of the need for these laws.

It is surely a coincidence that a fatality from a trench collapse was chosen for this exercise. Some of the leading advocates for IM laws are the relatives of two workers who died from a trench collapse in Ballarat in March 2018, a case being prosecuted by WorkSafe Victoria.

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Industrial Manslaughter campaign messages need scrutiny

Recently the State Secretary of the CFMEU Construction & General WA, Mike Buchan, wrote in Construction Weekly about the need for Industrial Manslaughter laws in Western Australia. There are several points made that deserve some assessment and clarification.

He starts by stating that current occupational health and safety (OHS) laws are inadequate. This may be the case, but as Nicole Rosie from WorkSafe NZ has, supposedly, said “you can’t regulate your way to safety”. What may be inadequate is people’s compliance with OHS laws, and there may be many reasons for this non-compliance – ignorance, illiteracy, lack of enforcement by government, complexity of laws and guidance, and/or a total disregard. According to Buchan, and the wider trade union movement, Industrial Manslaughter (IM) laws are supposed to fix this inadequacy.

Buchan writes that

“The penalties that are handed down, even when a builder is found guilty of negligence, have been a disgrace in the face of the extraordinary loss of life and the suffering of families left behind.”

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Oral biffo over safety in Queensland Parliament

Before Christmas, the Victorian Government will be presenting a Bill for Industrial Manslaughter laws to the Parliament. The core elements of accountability and penalty are expected to be little different to the Bill that failed to pass Parliament earlier this Century by a bee’s whatsit. The debate is likely to be on the same benefits and costs, so one can reread Victoria’s Hansard from 2002 or look at the debate in Queensland Parliament last week where that Government’s “Safety Reset” has generated arguments about which party is more committed to occupational health and safety (OHS).

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Keep talking and making submissions – what to ask about dust

Government attention on the risks of silicosis, especially those related to engineered stone, continues to increase. Australia has established a National Dust Disease Taskforce to investigate the risks and to make recommendations to the government at the end of 2020. A national investigation is warranted but occupational health and safety (OHS) is regulated at State level so it could be many years until safety improves on this matter, if the States wait for the Taskforce’s final report.

Luckily, the debate on silicosis risks continue in various Parliaments and the Taskforce is seeking submissions.

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“no one wants to call out the real issue” says Tooma

In August 2019, lawyer and author Michael Tooma (pictured right) was the keynote speaker at the 2019 National Work Health and Safety Colloquium ostensibly talking about his May 2019 presentation to the United Nations Industrial Development Organization (UNIDO). It was an important presentation of the paper he wrote is important. However, it was in the questions afterwards, on Industrial Manslaughter laws and accountability, where Tooma was most passionate and personal.

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