Workers have a right to know how risky their workplaces are

Today in Parliament, Abigail supported a call for papers on hazardous respirable crystalline silica (RCS) levels in tunnelling projects, highlighting serious concerns about SafeWork’s refusal to disclose critical air quality data despite RCS levels exceeding legal limits by up to 20 times.

Abigail said:

As the work health and safety spokesperson for The Greens, I speak in support of this order for papers. I acknowledge the advocacy of the Australian Workers' Union [AWU] in agitating for the release of the documents. I gave notice of a similar order for papers yesterday after reading the submissions, and I am glad to see shared concern across the Chamber with regard to the potentially dangerous levels of respirable dust and respirable crystalline silica [RCS], which I am sure I will get better at saying as the inquiry proceeds, in tunnelling projects. In recent years, members have become very well acquainted with the fact that industrial exposure to respirable crystalline silica has been proven to create a serious and unacceptable risk of occupational illness and disease, including silicosis, for workers.

While we have finally made some progress in regulating and banning the use of engineered stone, I and other advocates have repeatedly raised concerns with the New South Wales Government about the dangers present for tunnel, mine and quarry workers. During budget estimates last year, I told SafeWork that my office had been hearing from workers that SafeWork was not inspecting tunnelling sites properly and that protective equipment was not being provided or fitted properly. The responses I received were evasive and shifted much of the responsibility for the issue onto the multibillion-dollar companies that it appears SafeWork is going out of its way to protect. New South Wales has undergone a tunnelling boom over the past decade. This represents an unacceptable level of risk to tens of thousands of tunnelling workers if the highest possible safety standards are not in place and vigorously enforced.

International experience, studies conducted in Queensland and recorded epidemics of silicosis in the past have all demonstrated the high‑risk environment in which tunnelling workers operate. Despite this clear and present danger, SafeWork has declined requests made under the Government Information (Public Access) Act by the AWU, which represents tunnelling workers in New South Wales, relating to information in its possession regarding what we know to be concerning levels of RCS exposure among workers. In its reasons for refusal, SafeWork cited the potential negative impact on large construction companies of the release of information which could harm their reputation and their ability to attract workers and win tenders. In applications against the release of information, tunnelling contractors cited concerns that the release of such information would expose them to the potential risk of third-party civil litigation.

SafeWork decided not to avail themselves of exemptions in the work health and safety legislation that authorises the disclosure of information if necessary to mitigate or prevent serious risk to public health or safety. Air quality information provided by other means shows RCS at levels far exceeding the legal maximum workplace exposure standard. Certain examples have shown levels exceeding 20 times the legally permitted amount. I am alarmed about the lack of transparency on air quality data by our workplace safety regulator, and what that says about the Government's ability to hold these big companies to account. Workers have a right to know how risky their workplaces are. I hope this release of information will go some way towards helping us reform the system.

 

Read the full transcript in Hansard here.

 

20 November 2024

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