Workplace Exposure to Toxic Dust

Senate Committee Hearing Report—Workplace Exposure to Toxic Dust

In September 2005, the CMPA attended a Senate Committee hearing investigating ‘Workplace exposure to toxic dusts’. This hearing was convened by the Community Affairs Reference Committee and was held over three days in Victoria, New South Wales and the ACT.

The CMPA was represented at this hearing by Ron Kerr, Honorary CEO, Basil Natoli and Donald Williams, consultant. In addition, a number of CMPA Members attended the hearing for moral support.

In May this year the report from the hearing was released which presented fourteen findings, eleven pertinent to silica dust. These eleven are:

1. That the Australian Safety and Compensation Council review the National Data Action Plan to ensure that reliable data on disease related to exposure to toxic dust is readily available.
2. That the Australian Safety and Compensation Council extend the Surveillance of Australian Work-Based Respiratory Events (SABRE) program Australia-wide and that the program provides for mandatory reporting of occupational lung disease to improve the collection of data on dust-related disease.
3. That the Australian Safety and Compensation Council, in conjunction with the Heads of Workplace Safety Authorities, consider mechanisms to improve health surveillance of employees, particularly those exposed to toxic dust.
4. That the Australian Safety and Compensation Council promote the dissemination of information concerning the health effects of exposure to toxic dust to the medical profession.
5. That the Australian Safety and Compensation Council examine the need for improvements in testing regimes for lung disease associated with exposure to toxic dust including the training of those conducting tests and equipment requirements.
6. That the Australian Safety and Compensation Council undertake a national campaign to raise awareness of the hazards associated with toxic dust.
7. That the Minister for Employment and Workplace Relations raise with the Workplace Relations Ministers’ Council the need to ensure enforcement of hazardous substance regulations and the need to enact nationally consistent standards in a more timely manner.
8. That the Australian Safety and Compensation Council, in conjunction with the Heads of Workplace Safety Authorities, consider mechanisms to increase the number of occupational hygienists being trained and employed by regulators.
9. That State and Territory Governments move as soon as possible to set up nationally consistent identification, assessment and compensation mechanisms for persons affected by workplace related exposure to toxic dust and their families to at least the current New South Wales standard.
10. That the State and Territory Governments use the New South Wales Workers’ Compensation (Dust Diseases Act) 1942 as the model for this mechanism.
11. That the State and Territory Governments, other than New South Wales, move as soon as possible to adopt the approach of New South Wales to remove statutes of limitation that restrict legal proceedings for claims for personal injuries resulting from exposure to toxic dust.

Australian Safety and Compensation Council (ASCC) have been tasked with undertaking the majority of the committee’s recommendations. Obviously, these will be debated by ASCC, and depending on the outcome, included on their work plan as required.

The extractive industry was mentioned a considerable number of times in the report, with the majority of this being attributed to the huge effort the CCAA went to. That said, CMPA did not go without mention particularly in relation to the need for better regulatory enforcement of standards, and the need for training and education to improve conditions.

CMPA will work towards taking action on these points where appropriate and will keep track of ASCC’s response.

For the full report, please contact the CMPA or visit www.aph.gov.au/senate_ca

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