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Comment by Hawxy

2 years ago

It's very much worth reading the full reasoning within the SafeWork decision (page 56):

https://www.safeworkaustralia.gov.au/sites/default/files/202...

SafeWork's view is that the industry is too much of a non-compliant mess to recommend any other option apart from a complete ban.

Makes sense, this kind of work can have an extremely “toxic” anti-ppe culture that’s impossible to mitigate against without outright burning the industry to the ground. Fines and inspections are easy to dodge when everyone involved is trying to do so.

Hell I work in agronomy and it’s hard enough getting seasonal helpers to wear earplugs when riding ATVs all day. Then there was an old supervisor from a former oil change and tire repair shop job I had, who had hand shakes from nerve damage due to automotive chemical exposure, and he was actually comparatively decent about PPE, especially for helpers.

  • I work in the construction industry. We have about 1:10 ratio of “supervision” to contractors. Getting people to wear PPE is a constant, ongoing 12 hour a day battle. We kick about 1 person off site permanently, every day for something egregiously dumb. The contractor just sends them to another job. And of all the places I’ve worked, my current employer is one of the best, takes it very seriously.

    • Early in my IBEW (union electrician) training, a particularly outspoken oldguy asked me, mockingly "are those tampons in your ears?!"

      My response was "No, Carl — they're sound dampeners SO I DON'T HAVE TO LISTEN TO YOUR CONSTANT BITCHING SO MUCH."

      Old journeyman immediately took me under his wing, and we were inseparable (he even would wear PPE around me). I learned much from this "kind" old curmudgeon.

      Why the machismo exists in construction, I'll never know — just as many former co-workers will never understand how I was one of them, once.

      1 reply →

    • Had a friend who worked in construction. He said every day the workplace health & safety person would come in and show them a video of the "dumb [expletive] of the day" doing something very stupid by not following WHS rules, and suffering the consequences of it. Allegedly this helped with compliance quite a fair bit.

    • "Getting people to wear PPE is a constant, ongoing 12 hour a day battle."

      Why is this? I often see firsthand or on television people working in dusty environments with little or no concern for the dust that they are breathing in. It especially horrifies me when I know that dust is silica or like, or perhaps even contains some asbestos. I wince every time I see professional stonemasons chiseling away or using diamond saws to cut up slabs of stone without wearing masks. Surely, if anyone, they ought to be aware of the risks.

      I've occasionally had to work in such environments for short periods but I've never done so without wearing a n95/P2 type mask and even then I consider them inadequate protection and go to considerable effort to minimize my time in the dusty environment. I even go to the extent of putting on the mask and removing it outside in a dust-free area so as to minimize breathing in any residual dust.

      Whenever I ask others around me why they don't take precautions I never get sensible answers or they offer paltry excuses such as masks fog one's glasses.

      Despite all the exposure about the dangers of asbestos in recent decades, the greater dangers of dust inhalation generally just hasn't sunk in. The question is why.

      In many respects this rejection seems to closely mimic the rejection of masks during COVID. One wonders what's actually needed to overcome the resistance to wearing PPE. (We've overcome PPE resistance re visibility with the full acceptance of fluorescent hi-vis clothing, so why not dust masks?)

      6 replies →

  • I used to work in defence manufacturing, we initially had a very macho, play it by ear culture, now it's the complete opposite. You can and will be fired very quickly for not following health and safety rules.

    This mainly came out of a series of lawsuits and happened industry wide (the fear of millions of dollars of compensation was enough to get all the players to get very serious)

  • Part of me feels like this is partially the government shirking it's duty to protect workers. Imagine if in the early days of aviation the government looked at the dangers of flight and the difficulty of wrangling pilots, and just threw it's hands up and banned all aircraft.

    • I understand your concerns about meddling and disruptive regulation and I could cite some instances thereof that are overly heavy-handed but I won't do so here as they'll only distract.

      The difference with the early aviation compared to dust-borne diseases is that with aviation it was unclear at the outset what it was that needed regulating and the extent of any such regulation so it's understandable that regulation grew with the industry whereas the effects of dust-bourne diseases on health had been known about for centuries.

      Two thousand years ago the Romans knew about the dangers of asbestosis and mesothelioma as the result of mining asbestos although they called it the wasting disease—only criminals and bad slaves were sent to mine it. Similarly, volcanic ash and sand/silica on the lungs disease—whose medical name I cannot pronounce let alone spell—and coal miners' black lung disease have also been known about for centuries.

      Moreover, in more recent times (late 19th and early 20th Centuries) these diseases, especially asbestosis and mesothelioma were the subject of government inquiries and the dangers well established. For example, the British Admiralty held inquiries after workers and sailors became ill from the effects of breathing asbestos dust from the lagging on steam pipes. That nothing was done and that no significant regulations introduced as a matter of expediency has to be one of the most unconscionable government decisions of all time—that delayed the introduction of effective regulation in respect of asbestos for over 80 years.

      (The lack of regulation is a bit close to home, my father, a mechanical engineer, was exposed asbestos on war ships during WWII and afterwards in the power industry and it severely affected his health. Also, I recall as kids when my brother and I would visit my father's place of employment asbestos was that common we'd make mud balls out of it and throw them at each other. By that time government was well aware of the dangers of asbestos and black lung disease for going on a century but had still done nothing about it.)

    • Unless you're suggesting the government hire literal nannies to follow every construction worker around and forcibly make them wear the correct PPE, it seems like this action IS the government doing its duty to protect the workers - largely from themselves it seems.

The logic here is that if an industry can only be made safe with strict PPE standards, but the market dynamics make it difficult to ensure compliance with those standards, then it is OK to ban the industry.

That seems a pretty concerning stance for small businesses. What's next? Ban microbreweries because they don't properly manage the risks of CO2 asphyxiation? Ban small-shop mechanics because they routinely get brake fluid on their hands?

Well-enforced safety regulations are a good thing for everyone. Banning small businesses because regulating them is hard seems... economically undesirable.

  • They’re not banning businesses. They’re banning a product which is causing deaths. Switch to a alternate product. It’s the same in your analogy of banning a toxic brake fluid.

    • Nope, the product does not cause death, at least not according to this article. It is production that causes severe and potentially deadly illness.

      And not because the production process inherently deadly, but because of rampant non-compliance with safety standards.

      The article does not explain why an obvious solution: certification and severe (severe!) fines for non-compliance would not work. Probably a political issue.

      I've noticed in the article that trade unions applauded the ban, and I wonder why.

      5 replies →

    • It’s like banning chemical products because they are causing death if not handled properly. We would not have an industrialised world if we went that way.

      5 replies →

    • > They’re banning a product which is causing deaths

      According to the link in the grandparent comment, I think it was the production process that they didn't want the expense of enforcing safety standards on. Not the end product itself. Hence the comment about banning an industry.

  • Industrial manslaughter laws are a fine incentive to correctly manage the risks of CO₂ asphyxiation, because it is immediately apparent when your worker has been asphyxiated and the proximal cause is readily determined.

    Silicosis takes years to appear so the proximal link is too weak for post facto punishment to have much deterrent effect. It is much more like asbestos in this way, which can also be safely handled but has also been banned.

Australian here. We recently had a kitchen bench top made from engineered stone installed. I was previously entirely oblivious to the risks involved. Suffice it to say that we would have chosen a different material had I known the health burden of inhaling the dust during preparation/cutting.

The contractor who installed the bench top for us was however very diligent in alerting us to what safety measures we should follow should any on-site cutting be required at our place. Which it wasn’t in the end. So at least he was aware that the sawdust is a major health hazard.

But that’s one contractor, which does not represent an entire industry. Engineered stone is fashionable and I imagine there are many black sheep out there doing it for cheap with under-trained or unsupervised personnel.

Would you think that imposing heavy fines, and perhaps even criminal penalties when workers are not properly informed, would be a better alternative to banning an economically advantageous product?

  • Not to be too glib but I think here the reasoning is that letting market forces duke it out (even with fines and penalties) is considered to not be fast enough compared to the number of people whose health is being put at risk.

    Like here there are a bunch of people who have lung cancer now. And there's probably a bunch more who will get it from doing all the work up until now.

    And this has been in the news for a while I think. I imagine that despite all of this, there's still stuff coming up. The first case was reported back in 2015. 8 years is a pretty long time to think "hey, maybe we should do stuff so our workers won't get lung cancer". The fact that that is not incentive enough is probably a signal that there's not really much left to do, honestly.

  • This is addressed in the linked source, although that wouldn’t be obvious if you’re not familiar with Australian work health and safety law:

    > the re-emergence of silicosis in engineered stone workers is also due to a failure of compliance with existing WHS laws … PCBUs [persons conducting a business or undertaking, who are subject to WHS laws] have not done all that is reasonably practicable to eliminate or minimise those risks, and workers have not taken reasonable care for their own health and safety and that of others [which is a criminal offence]. Finally, there has been insufficient compliance and enforcement actions by WHS regulators to drive behaviour change in the sector … A lower silica content engineered stone is not expected to result in improvements in compliance. The features of the sector that have contributed to the current levels of non-compliance remain – the sector is comprised of mostly small businesses with few barriers to entry and a lower understanding of WHS obligations.

    • The "ban" (proposed for July 2024 and after) is actually conditional upon the building industry getting their act together with respect to worker safety and compliance:

      National Dust Disease Taskforce Final Report - June 2021

      https://www.health.gov.au/resources/publications/national-du...

      [PDF] https://www.health.gov.au/sites/default/files/documents/2022...

      Page 11: (Recomendations ...)

          D) Commence the processes required to implement a full ban on the importation of some or all engineered stone products if, by July 2024:
      
          – There is no measurable and acceptable improvement in regulatory compliance rates for the engineered stone sector as reported by jurisdictions; and
      
          - Evidence indicates preventative measures are not effectively protecting those working with engineered stone from silicosis and silica-associated diseases
      

      In short - (We recommend to) Ban this stuff UNLESS building sector improves safety AND demonstrates effective change.

      2 replies →

  • This doesn’t take into account the realities of people in that industry.

    It’s highly fragmented, dominated by men and specifically younger men, who self-select for a high tolerance of risk and a low tolerance of rules.

    By the time they find out that they’re not invulnerable and rules exist to protect them, it’s too late.

  • People are dying slow, painful and horrific deaths because fines have not worked to dissuade these companies. Bans are the only option left.

  • This is probably going to cause the price of large format porcelain bench tops down. They have less silica content than artificial stone and granite. I believe they are also cut to size off-site.

  • A lot of manual workers ignore protective equipment even after training and while constantly supervised

  • Not informed? You think that trades people were not properly informed to wear PPE at all times? I’m have a3D printer as a hobby and I wear all the PPE when sanding or spray painting.

    These people know perfectly well they need to take precautions.

  • Also, bring back Asbestos, properly handled it is perfectly safe. Radium also gets a bad rap from the “think of the children” brigade. And don’t get me started on leaded fuel! What an overreach from the government on that one!

    How dare these union thugs get in the way of clear economic progression that provides far more benefit than harm!

To protect the workers we must fire them.

  • Several construction workers' unions campaigned to get this ban in place.

    The only party in opposition were the engineered stone vendors.

  • It's quite certain the workers can make/fit countertops from other materials as well.

  • It's not like whatever the demand that the engineered stone currently fills suddenly disappears so those workers will be able to find other similar jobs.

    • My guess would be that number of kitchens that do not get build because engineered stone is not anymore available will be very low...

      Or anything else. There is enough options around and enough supply for that.