On Friday 28 November, the Melbourne Magistrates' Court heard Laing O'Rourke Australia Construction Pty Ltd had entered into an enforceable undertaking while facing six charges under the Occupational Health and Safety Act.
The company faced two charges of failing to provide a safe work environment, two charges of failing to ensure persons other than employees were not exposed to health and safety risks, and one charge each of failing to notify WorkSafe and failing to provide a written record of a reportable incident.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
Laing O'Rourke was engaged as the principal contractor on a project to replace rail plates between Flagstaff and Southern Cross stations.
In January 2023, the work generated and dispersed dust, and was subsequently identified by the company as high-risk crystalline silica work (HRCSW).
Nearby air monitoring detected three samples which exceeded the Safe Work Australia workplace exposure standard for silica.
WorkSafe alleges a risk assessment conducted by the company before undertaking the crystalline silica process did not consider the proportion of silica in the material or the frequency and duration of exposure.
It is also alleged Laing O'Rourke failed to conduct the HRCSW in accordance with a silica hazard control statement.
In a separate incident in January 2023, it's alleged the company failed to notify WorkSafe or provide a written record after a worker suffered burns while operating a jackhammer and concrete saw at the site.
The estimated $929,500 undertaking requires the company to:
- Provide support to WorkSafe to enable implementation and promotion of a Silica Control Tool in Victoria, based on adapting an existing Canadian model.
- Develop industry training for the management of respirable crystalline silica in civil and rail construction.
- Conduct a supply chain forum to increase understanding of the risks associated with respirable crystalline silica and steps to follow when supervising this work.
- Develop new industry available content about hazardous dusts and fibres, including animations, quick reference guides and resources in languages other than English.
- Donate $50,000 to the Lung Foundation Australia.
- Publicise and promote the availability of new industry training and content.
WorkSafe Chief Health and Safety Officer Sam Jenkin said it was critical for employers, particularly in construction, to identify all potential sources of crystalline silica in their workplaces.
"Building materials such as concrete, bricks, tiles and mortar can contain crystalline silica - so always check the safety data sheets before any processes that generate dust from these materials, such as cutting or grinding," Mr Jenkin said.
"Exposure to respirable crystalline silica dust can cause serious health problems, including silicosis a potentially debilitating or even fatal disease - so there's no excuse for taking shortcuts."
If you are unsure whether a product contains crystalline silica, check the safety data sheet (SDS) or other information from the manufacturer or supplier.
When undertaking high risk crystalline silica work, duty holders must:
- prepare a crystalline silica hazard control statement (hazard control statement) before the work commences, and
- ensure the work is performed in accordance with that hazard control statement; and
- provide employees and job applicants with specific information, instruction and training about exposure to crystalline silica dust and control measures.
