GLOBAL industrial minerals company, Sibelco Pty Ltd, was fined $400,000 in the Wonthaggi Magistrates Court last Friday after being found guilty of two counts of failing to provide a safe workplace for staff who were regularly exposed to “plumes of silica dust” while handling pallets at the firm’s Lang Lang quarry.
They were also ordered to pay $20,799 in costs.
The court heard Sibelco operated a Lang Lang sand quarry and mill that produced silica-based products, including silica flour, sand and gravel. The site has since been sold.
Workers at the plant were required to fill and palletise 25-kilogram bags of product for transportation to customers.
During the process of bagging silica flour, they described plumes of silica dust escaping from the bags at head height and, on occasion, faulty bags bursting and leaving the machine operator covered in material.
The court also heard that a number of workers were placed at risk by this process between 2012 and 2020, including three; Kevin Weekes, Craig Robertson, and Alan Jenkins, who have since been diagnosed with silicosis.
The men were supported in court by officials of the Australian Workers Union as the case against their former employer was heard.
In sentencing Sibelco, Magistrate Stephen Lee told the court the workplace was “inherently dangerous”.
“Four years and five years to introduce potentially life-saving devices was not good enough,” Magistrate Lee said.
With workers lives at stake, Magistrate Lee said, Sibelco should have moved mountains.
The court heard it was reasonably practicable for Sibelco to reduce the risk of exposure to crystalline silica dust by having automated bagging and palletising systems in place, including an automated and enclosed bagging machine and the use of a robotic palletiser.
“I requested a powered air purifying respirator,” Kevin Weekes told the Sentinel-Times, outside the court after Sibelco’s sentence was handed down.
“It was refused. Eventually I received a second-hand, unusable respirator.”
In Mr Weekes’ statement to the court, he explained how he received the “life-altering phone call” from his doctor at work.
“I was called to the office to take the call, only to find the entire building devoid of any managers or support. The doctor’s words echoed in my mind repeatedly: ‘You have silicosis. Do you have your affairs in order?’ I replied no, and he suggested I start getting them in order immediately. With no one around, I walked back to my area and broke down in tears.
“My health has deteriorated in many ways… and the financial stress is overwhelming.”
Outside the court, Ronnie Hayden, AWU Victorian Branch Secretary, expressed his views on the sentencing.
“We’re disappointed and frustrated,” Mr Hayden said.
“This isn’t just about individual cases, it’s about holding negligent companies accountable and ensuring that no more workers are sacrificed for profit.
“The fine is just pocket change. The government and the regulator need to wake up to the fact that the system is broken. The only way bosses will listen is if they’re going to jail and industrial manslaughter laws (apply). You give a worker a death sentence and nothing happens.”
WorkSafe Executive Director of Health and Safety, Sam Jenkin, said there was no excuse for putting workers at harm over a prolonged period.
“The risks associated with crystalline silica were well known and the company was also aware of the available measures to better protect their workers,” Mr Jenkin said.
“Insidious diseases like silicosis do not discriminate so it is critical that employers continuously review and update their systems and processes to ensure they are best practice.”
Mr Weekes had worked in quarries for 28 years before he was made redundant by Sibelco after his diagnosis.
“It has taken a dramatic toll on the whole family,” Mr Weekes said outside the court.
“I went through a few dark days, but fortunately I have a really good support system.
“We are trying to focus on the future. We have a five-year plan to travel around Australia. It’s something we wanted to do when we retired but it’s been forced on us early.
“Hopefully we can put (the court case) behind us and the wife and I can focus on what we want to do now.”
Debra Weekes, Mr Weekes’ wife, and his daughter were by his side as the sentencing was read.
“A kick in the pants for the company is not a small fine,” Debra said.
“They’ve got to make them pay for the workers they’ve made sick.”
In future, Mr Weekes and the Australian Workers Union said they would like to see workplace inspections conducted without notice and for inspectors to speak with workers on the floor.
“WorkSafe always notified the company. The weekend before the company would bring all the workers in on overtime and clean up the place. Even now a large percentage of inspections are announced,” said Mr Weekes.
“Don’t stay up in the office, actually go down and talk to the employees.”
