A former Montrose Quarry worker has won her case against Boral Resources after being diagnosed with silicosis from working at the site.
Joanna McNeill, 37, worked at Boral from 2013 in administration and was later diagnosed in 2019 with the untreatable and deadly illness from inhaling respirable crystalline silica or silica dust.
The Melbourne Magistrates’ Court sentenced Boral Resources on Monday 8 May, fining the company $180,000 after it pleaded guilty to a single charge for not providing a safe workspace.
An investigation by WorkSafe found that on multiple occasions in 2019 workers were being exposed to dust generated by the blasting, crushing, mixing, screening and transferring of quarried rock.
WorkSafe Director of Health and Safety Narelle Beer said the risks associated with crystalline silica and the available control measures were well known.
“There is simply no excuse for placing your workers at risk of developing deadly lung conditions such as silicosis,” Dr Beer said.
“This insidious and incurable disease does not discriminate and WorkSafe will not hesitate to take strong action against those failing to protect their workers, regardless of the industry.”
It has been reported in The Age that Magistrate Carolyn Burnside didn’t see any reason for Boral to have not implemented the use of appropriate safety equipment, like respiratory masks, and had been notified of the risks associated with silica dust.
Ms McNeill was supported in court by members of the Australian Workers Union Victoria Branch (AWU)
Speaking to the AWU for an article, Ms McNeill said she was pleased with the verdict but would like to see better outcomes and work environments for staff.
“It’s crucial that we raise awareness about the severity of silica dust exposure and the simple preventative measures that can be put in place to protect workers,” she said in an AWU article.
“Boral’s knowledge of my condition for four years and their recent concession of the risk to my health only through a WorkSafe investigation at the Montrose Quarry highlights the urgent need for companies to prioritise their workers’ health and safety.
“Let’s hold companies accountable and work together to ensure that no worker has to suffer from preventable workplace illnesses.”
Represented by Maurice Blackburn Lawyers dust diseases and asbestos senior associate Leah O’Keefe, it was an important victory for both parties.
“This prosecution sends a strong message to all workplaces about the importance of workplace health and safety, especially when it comes to protecting workers from dangerous dusts,” Maurice Blackburn Lawyers posted to social media to acknowledge the win.
Boral was contacted for comment.
