Asbestos Contaminated Mulch within NSW and ACT

29th February 2024

In early January of this year asbestos was identified at a new expansive park in Sydney, it was discovered after it was reported by a parent whose child had brought it home from the playground. The park was swiftly closed to remove all the recycled mulch and replace it. However, it was quickly determined that this mulch was supplied to multiple other locations across Sydney and testing was undertaken.

The number of sites grew throughout January and February as more sites were being identified daily. To date, approximately 38 sites throughout Sydney have been identified as having asbestos.

Then it was Canberra’s turn. In mid-February it was discovered that some of the contaminated mulch had been brought into the territory. WorkSafe ACT quickly moved to trace the mulch, with 35 sites known to have received the product. Licensed assessors were engaged to test these sites, as of the 28th of February, 27 of the 35 sites have been tested with bonded asbestos being found in 6 of these including a large area at a residential complex.

It is important that if you suspect any mulch around your home is contaminated, to not disturb, handle or dispose of any of the material, try to isolate it so far as possible and then contact WorkSafe ACT.

But should you be concerned?

The risk to the community is considered low, all the asbestos identified in the ACT so far has been bonded asbestos, contained within materials such as fibre cement. This means if it is not disturbed the risk to you or your neighbours is minimal.

However, if you would like to chat to one of our consultants regarding this, we are more than happy to take your call and put your mind at rest.

National Asbestos Awareness Week - Think Twice about Asbestos

November 20th-26th is National Asbestos Awareness Week with this year’s theme ‘Think Twice about Asbestos’. The week aims to remind people of the prevalence and danger of asbestos in homes and workplaces and provides simple messages on avoiding exposure. This year marks 20 years since asbestos was banned entirely in Australia. However, people need to remain aware of what could be hidden in their homes, with a third of residences still containing the deadly fibres.

Asbestos related diseases are increasing among young Australians, raising the importance of awareness and education on how to manage asbestos safely and in accordance with regulations.

Chair of the Asbestos Education Committee and Advocacy Australia Clare Collins said people should take proper precautions when work is being undertaken, whether during home renovations or in the workplace. "While Australia faces the serious wave of silicosis disease, a preventable occupational lung disease predominantly impacting workers from a wide range of industries, Australians must never forget that asbestos lurking in homes continues to pose serious health risks to anyone exposed to fibres when asbestos is not managed safely during renovations, maintenance or demolition, including mums, dads and children," she said. "There is no known safe level of exposure to asbestos fibres, and with interest rates rising and a shortage of tradies putting pressure on homeowners to do their own renovations, we hold serious concerns that DIYers might risk their lives and the lives of loved ones if they fail to respect the life-threatening risks when asbestos is not managed safely and in line with regulations."

Classic asbestos fibre cement sheet house

Many homeowners are unaware of the asbestos risks and believe only tradespeople are at risk of asbestos-related diseases. According to the most recent Australian Mesothelioma Registry Report in April 2023, 83 per cent of respondents were assessed as having had 'possible or probable' exposure to asbestos fibres in non-occupational settings. Of the patients surveyed, the dominant non-occupational exposure to asbestos fibres was 51 per cent and occurred when undertaking major home renovations. Additionally, 38 per cent said they'd lived in a house undergoing renovations, 20 per cent said they'd lived in the same home as someone who was exposed to asbestos at work and brought the fibres home in dust, while 12 per cent said they'd lived in a house made of fibro that was built between 1947 and 1987.

Asbestos Awareness ambassador and renovation expert Cherie Barber lost her grandfather to asbestos-related disease and said agencies like the Asbestos Education Committee were vital in raising awareness of the potential dangers in homes. "Australia was one of the highest consumers of ACMs [asbestos-containing materials] globally, which is why asbestos will remain an ever-present danger embedded in every corner of Australian life for generations to come," she said. "The only way we can help prevent deaths caused by asbestos exposure is to continue our campaign to increase awareness of the risks and ensure the community has access to vital information that just may save their life or the life of a loved one."

With interest rates and cost of living increasing, home renovators looking to save money by doing jobs themselves are being warned not to take any risks with asbestos. Asbestos Safety and Eradication Council chair Paul Bastian warns that renovators who forgo a professional asbestos assessment could put themselves and their families particularly at risk. “We often hear about renovators discovering asbestos after starting a project, which means they may already have exposed themselves, their family and their neighbours, as well as then having to deal with unexpected delays and costs,” he said. “We’re calling on tradies, homeowners and anyone planning renovations, repairs, or other work on older buildings to think twice about asbestos and don’t cut corners. “Just like plumbing and electrical work, asbestos removal is a job best left to the experts.”

For more information, visit asbestosawareness.com.au.

References:

Take the time to think twice about asbestos this November

National Asbestos Awareness Week: Grandad’s plea to DIY renovators over ‘invisible’ threat

Asbestos warning for DIY home renovators

Bunnings and IKEA Leading the Shift Away from Engineered Stone

Both Bunnings and IKEA have recently announced their decision to phase out engineered stone products from their offerings. This shift marks a significant departure from the once-popular trend of incorporating engineered stone into various home applications.

Engineered stone, a composite material made from crushed stone and resin, gained immense popularity in recent years for its durability, versatility, and aesthetic appeal. It became a staple in kitchen countertops, bathroom surfaces, and even flooring. However, concerns about the environmental impact and health hazards associated with the production and installation of engineered stone have prompted major players like Bunnings and IKEA to reassess their product offerings.

Engineered stone will be phased out by Bunnings by the end of the year after mounting pressure. The decision aligns with the company's commitment to sustainable practices and providing customers with environmentally friendly options. Bunnings aims to encourage consumers to make more informed choices that prioritize both quality and eco-consciousness. CFMEU national secretary Zach Smith has stated “When even a massive corporation that until now has put profits over workers’ lives concedes it’s lost any remaining social licence to sell this killer stone, no government can squib it on a ban. Bunnings should be congratulated for eventually doing the right thing and pulling these deadly bench tops from their shelves.”

IKEA has also joined the movement away from engineered stone. The company has emphasized the importance of exploring alternative materials that are both sustainable and safe for consumers. Mr Smith praised the decision by the furniture giant, "There is now unstoppable momentum behind banning engineered stone, IKEA now backs what the CFMEU and health experts have been saying all through this campaign: there is no safe exposure to engineered stone.” However, he also believes that “IKEA should join Bunnings in setting a concrete date because lives are at risk every single day we wait."

Mr Smith also slammed state, territory, and federal governments for lagging behind retailers in banning the sale of engineered stone. "Bunnings and IKEA have beaten our federal, state and territory governments to the punch,” he said. "We need an immediate announcement from all work health and safety ministers locking in a ban.” The union has previously stated it would implement its own ban on members working with engineered stone if governments fail to do so.

References:

Senator David Pocock calls on Workplace Relations Minister Tony Burke to ban engineered stone ahead of haunting asbestos anniversary

Bunnings to pull 'asbestos of our generation' from shelves as silica dust code kicks off in ACT

The Urgent Need to Ban Engineered Stone: Protecting Workers from Silicosis

For years now the dangers of silica in engineered stone products has been becoming more concerning with doctors in 2018 sounding the alarm about the silicosis ‘epidemic’. Recently however many unions, workers and even Safe Work Australia are calling for a complete ban on engineered stone products.

Engineered stone became incredibly popular in kitchens throughout Australia in the early 2000’s it was cheaper than products such as marble or granite but still had the same appearance. When cut, engineered stone releases a fine silica dust, which when inhaled often leads to a disease known as silicosis. Silicosis is an irreversible and incurable lung condition that can cause premature death along with many other health complications.

A recent report from Safe Work Australia is calling for the ban on all engineered stone products. They were asked to look at possible solutions to the crisis, but concluded a complete ban was the only option, saying regulators had failed to protect workers from the deadly disease. "Continued work with engineered stone poses an unacceptable risk to workers," the report said. "The use of all engineered stone should be prohibited." The report found that engineered stone workers not only faced a greater risk of developing silicosis, but also saw a faster disease progression and higher chance of death when they did get it.

Many engineered stone manufacturers argue that further regulations would be more suitable that a total ban, saying that outlawing the material would lead to chaos within the construction industry. Manufacturers believe that transitioning to an engineered stone containing lower silica levels, along with more education and safety measures, would be sufficient to keep workers safe. However, Safe Work’s report concluded that even stone with lower silica content would still pose an unnecessary risk to workers, stating "There is no scientific evidence for a 'safe' threshold of crystalline silica content in engineered stone,".

The Public Health Association of Australia has also made a joint statement against the product’s use. The PHAA, which is made up of the Australian Council of Trade Unions and multiple health and safety groups, says the ban is necessary due to the unmeasurable health risks associated with the engineered stone. CEO of PHAA, Professor Terry Slevin, says the ban is “well overdue.” “In the interests of protecting industry profits, commercial entities opposing health regulation will condemn more workers who use their products to catastrophic respiratory health problems. Given what we know now, that is simply wrong,” continues Slevin.

The Australian Council of Trade Unions (ACTU) vowed to stop engineered stone entering worksites by July 2024, if governments did not outlaw it by then. Assistant Secretary Liam O'Brien has also stated there needs to also be a way to support workers who have already been diagnosed with the disease.

The situation draws stark comparisons to the asbestos crisis of the past, demanding immediate and comprehensive action to safeguard the health and lives of workers.

References:

Engineered stone ban needed to protect workers from silicosis, Safe Work Australia report says

“The asbestos of the 2020s”: Unions push for engineered stone ban

Engineered stone must be banned now

NSW Introduces Tougher Penalties for Asbestos and Silica Violations

18 October 2023

In a significant move to enhance workplace safety and protect the health of its residents, the New South Wales government has introduced stringent penalties for breaches of Work Health and Safety (WHS) regulations related to silica and asbestos. These measures are a proactive response to the known health risks associated with exposure to these hazardous materials.

One of the most substantial changes is the introduction of higher fines and maximum imprisonment times for businesses found in severe breach of WHS laws with "category one offences." These violations will now face maximum fines of up to $2.1 million, nearly three times the previous limit. Additionally, the maximum imprisonment time has been increased from five years to 10 years. This sends a clear message that non-compliance with safety regulations, particularly regarding asbestos and silica, will have serious consequences.

To prevent employers from considering WHS fines as merely a "cost of doing business," the new rules have banned the use of insurance to cover these fines. This move underscores the government's commitment to creating a culture of safety in the workplace, where businesses prioritize the protection of their workers.

Sophie Cotsis, the NSW Work Health and Safety and Industrial Relations Minister, emphasized the government's dedication to worker safety, stating, "These new laws demonstrate just how seriously this Government takes keeping workers safe in NSW." She further stressed that every worker deserves a safe environment and the assurance of returning home safely to their family and loved ones.

The NSW government's commitment to worker safety extends to empowering SafeWork to issue "prohibited asbestos notices" to workplaces and enable the permanent removal of asbestos materials. This will ensure the swift and effective mitigation of asbestos-related risks.

These actions in NSW also have broader implications at the national level. Commonwealth Work Health and Safety Ministers are expected to convene in the coming weeks to discuss regulatory frameworks and calls for a ban on manufactured stone products. These products have been directly linked to dust diseases, particularly silicosis, highlighting the need for unified efforts to address these health hazards.

The NSW government's decision to toughen penalties for asbestos and silica violations underscores its commitment to the well-being of its residents and workers. These measures will not only enhance workplace safety but also have broader implications for worker protection at the national level. By proactively addressing the risks associated with hazardous materials, NSW is taking a significant step toward creating safer, healthier, and more secure work environments for all.

References

NSW toughens penalties for asbestos and silica violations

NSW doubles asbestos-related penalties to lift site safety