House debates

Tuesday, 5 September 2023

Bills

National Occupational Respiratory Disease Registry Bill 2023, National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023; Second Reading

7:04 pm

Photo of Peter KhalilPeter Khalil (Wills, Australian Labor Party) Share this | | Hansard source

The Albanese government is aware that the current rates of silicosis and other occupational respiratory diseases are unacceptably high in Australia. Silicosis is an irreversible lung disease. It affects workers who are exposed to silica dust, mainly in the construction and mining industries, and those working with engineered stone industries. Currently, there are no effective treatments for silicosis. Once damage from silicosis occurs, it cannot be reversed. Treatment focuses on slowing down progression and relieving symptoms. In severe cases, a lung transplant may be required. Silicosis is said to have caused death and disability in Australia for over 100 years. According to Lung Foundation Australia, around 600,000 Australian workers are potentially exposed to silica dust each year across various industries. Tragically these are preventable conditions and often preventable deaths. Everyone has the right to feel safe and protected at work, and this government feels passionately about this. We all do. Workers should not have to be exposed to unacceptable risks in workplaces or fall ill or die because their employers failed to keep them safe at work.

The Australian Workers Union, the AWU, highlights that our safety standards and their enforcement in Australia are so shameful that even workers in the United States and Mexico have better protection from silica dust. The AWU has been fiercely campaigning to protect workers from silicosis. I want to acknowledge the ongoing efforts in awareness-raising and leading some of the broader advocacy that has been conducted. The Australian Workers Union has highlighted stories of the personal challenges of many Australians who have suffered detrimental consequences from exposure at work. One of these is from Michelle Iorangi, a 40-year-old Brisbane mother of six. She talks of her once active husband's rapid decline and death after working at a Brisbane powder-coating company. She explained that her husband would often return home covered in a thick layer of silica dust. He needed to use dish washing liquid to wash off the powder, as soap itself did not remove it from his skin. She said that the workplace didn't do much for dust prevention. In 2015, her husband, Nako, had scarring on his lungs. His condition unfortunately progressed quickly, and he died in 2019. I commend Michelle on her bravery in sharing her personal story, as difficult as it was for her to do so, with the inquiry as part of the federal government's National Dust Disease Taskforce. The story of Michelle and her husband—these are real stories. These are real impacts on families who have tragically lost loved ones from situations that could have been, frankly, prevented.

This government commits to tackling occupational respiratory diseases. We are introducing reforms with the National Occupational Respiratory Disease Registry Bill 2023 and the National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023 to ensure that there are world-class prevention and treatment measures, ensuring workers are protected from unacceptable health risks. We're doing this by: working with health professionals, unions and industry to develop a national silicosis prevention strategy and national action plan; investing in education campaigns for employers, workers and health professionals to improve prevention, detection and treatment; investigating ways to limit the use of engineered stone, including an import ban; and working with state and territories on a coordinated approach to keep workers safe.

The National Occupational Respiratory Disease Registry Bill 2023 delivers on recommendations made by the National Dust Disease Taskforce. The taskforce had recommended the establishment of a national occupational respiratory disease registry. A national registry enables us to consistently collect information about respiratory diseases that have been caused occupationally or exacerbated in that way. Data collection is essential to better understand the true extent of these diseases in Australia and to help us take action to further reduce workplace exposure. The registry will also be used to collect information from certain medical specialists who diagnose occupational respiratory diseases and allow information about the diagnosis, patient and exposure details to be shared within the registry via an online portal.

At this stage, based on recommendations of the taskforce, only silicosis will initially be a prescribed occupational respiratory disease. The mandatory elements that must be notified will also be kept to a minimum to ensure that the potential burden on physicians is limited. Where consent is provided, additional information can be collected relating to demographics and lifestyle. This includes smoking history, employment status and details of employment where individuals may have been exposed to a respiratory disease-causing agent. Information sharing will be made easier through this reform, to ensure that people can be provided with the best possible care. This includes information being made available to physicians treating the individual, as well as sharing notifications about an individual from the national registry to Commonwealth, state or territory authorities and state and territory health and safety agencies. The information-sharing element will increase awareness of the prevalence of occupational respiratory diseases across our country and help us take actions to reduce further worker exposure to these diseases. Having a national registry demonstrates the government's commitment to keeping workers safe.

The devastating story that I relayed of Michelle Iorangi and her husband, Nako, are real stories of families impacted by this tragic illness. His death and the death of many others were preventable. People should not have to fall ill or die because employers fail to keep them safe at work. These reforms are part of the broader efforts of this government to tackle occupational respiratory diseases.

This bill demonstrates the Albanese government's commitment to not only understanding the occupational respiratory health of workers but also taking important steps to support the early detection and prevention of workplace risks, as well as developing strategies to protect workers from further exposure. It demonstrates this government's commitment to taking action to protect Australians from exposure to unacceptable workplace risks. It demonstrates this government's commitment to safety for workers on the job, and this is something that we are all passionate about. If there is a life that can be saved or prevented from being taken in a workplace, that is something that we have to do everything we can to support, such as through this legislation.

7:11 pm

Photo of Alicia PayneAlicia Payne (Canberra, Australian Labor Party) Share this | | Hansard source

I rise today to speak on this urgent and critical bill, the National Occupational Respiratory Disease Registry Bill 2023. The rates of silicosis and other occupational respiratory diseases in our country are unacceptably high, leading to not only preventable illness but also, tragically, far too many preventable deaths. I want to commend the work of many for ensuring this bill and this issue is front of mind. Specifically, I want to thank the CFMEU and the ACTU for their strong campaigning on behalf of their members. Without the alarm bells sounded by the union movement, many more Australian workers would be subject to these deadly respiratory diseases. As Zach Smith, the secretary of the CFMEU, has said, 'Engineered stone is killing workers. This is the asbestos of the 2020s.'

Over half a million Australian workers are currently exposed to silica dust every day on the job. According to Curtin University, more than 10,000 of those people will eventually be diagnosed with silicosis as a result. The stories of those diagnosed are heartbreaking. Kyle Goodman, a former stonemason, said:

Four and a half years ago, I was given between five and eight years to live. It's a death sentence. There's no cure; there's no treatment. I'm out of breath very easily. We're now seeing another young generation of tradesmen like myself having their lives shortened dramatically by a product that is not essential to the building industry.

As Kyle says, these diseases don't discriminate based on age either. Workers in their 20s, 30s and 40s have all been diagnosed with silicosis.

I want to encourage employers around the nation to do the right thing and protect their workers. We've seen too many cases where employers put their employees in seriously dangerous situations, despite increases in workplace health and safety compliance checks. The ABC reported that one company in New South Wales was inspected and given multiple improvement notices—notices which have allowed them to continue operating. In this business, workers were not wearing proper protective equipment, no training was provided about the risks of silica dust, no health monitoring was offered, and the silica dust was found absolutely everywhere, including in the toilets. The regulator came back a few years later to inspect the factory again. They found that conditions had not changed at all, and the business was fined $3,600. Two years after that, workers from that business began to be diagnosed with silicosis. Shockingly, after all this, when the regulator returned for another inspection, further breaches were found.

It is completely unconscionable for employers to be putting the health of their workers in danger to make money. We must take bold action to protect the health and lives of our workers, and that's exactly what this bill does. The government's commitment to the wellbeing of Australian workers is clear. We are completely dedicated to confronting the challenge of occupational respiratory diseases head-on, and we are resolute in our mission to ensure that our prevention and treatment measures stand as world-class exemplars, safeguarding our workers against the health risks they face daily.

To achieve this, we are rolling out a comprehensive strategy—a strategy that underscores our determination to leave no stone unturned in protecting our workers. We are developing a national silicosis prevention strategy and a national action plan in collaboration with health professionals, unions and industry experts. This collaborative effort is a testament to our belief that only through unity can we craft effective solutions.

Education is a cornerstone of our approach. We are investing in educational campaigns that target employers, workers and health professionals. This initiative seeks to bolster prevention, detection and treatment. We are also examining ways to limit the use of engineered stone, including exploring an import ban therefore taking the critical step of reducing exposure to this harmful product. We must also foster coordination among states and territories. We believe in a united front in keeping workers safe.

This bill, the National Occupational Respiratory Disease Registry Bill, stands as a testament to this commitment. This bill comes as a result of the recommendations of the National Dust Disease Taskforce and is aimed at establishing the National Occupational Respiratory Disease Registry. The alarming increase in silicosis cases among stonemasons working on engineered stone benchtops has spurred us into action. The national registry proposed by this bill will serve as a repository of information related to respiratory diseases believed to be caused or exacerbated by occupational conditions. This information will be pivotal in understanding the true extent of these diseases in Australia, guiding us toward effective preventative actions.

One of the vital mechanisms of this bill is the requirement for medical specialists in fields related to respiratory and sleep medicine and occupational and environmental medicine to notify the national registry about the diagnosis of certain occupational respiratory diseases. This proactive measure will ensure timely and accurate data collection, serving as a foundation for informed policy decisions.

This bill sets out the necessary framework for notification, and it ensures that this requirement remains reasonable and effective for medical practitioners. By initially focusing on silicosis as a prescribed occupational disease, we are taking a calculated approach while reserving the flexibility to include other diseases in the future. The bill also recognises the significance of ensuring that the notified information reaches the relevant parties. It enables the disclosure of notifications to prescribed authorities and health agencies, fostering increased awareness and targeted interventions.

Let me emphasise that this bill does not operate in isolation. It works in synergy with the efforts of Australian governments—federal, state and territory—to mitigate workplace exposure. It's a tangible embodiment of our unwavering commitment to protecting Australia's workers. By establishing the national registry, we are making a powerful statement: workers safety comes first; the health of Australian workers come first.

I want to commend the former government for their action in the previous term of parliament and their bipartisanship in supporting this bill, and I acknowledge their work in setting up the National Dust Disease Taskforce. The urgency of this bill cannot be understated. We must send a clear message that the health and lives of Australian workers are not negotiable, and that this place stands as a staunch defender of their rights, their safety and their future because everyone should be safe at work.

7:19 pm

Photo of Steve GeorganasSteve Georganas (Adelaide, Australian Labor Party) Share this | | Hansard source

Nobody should go to work and contract diseases that kill them. That's why I rise here today in support of the National Occupational Respiratory Disease Registry Bill, which delivers on the recommendations of the National Dust Disease Taskforce. As a co-chair of the Parliamentary Friends of Lung Health and Lung Cancer, our mission is very clear: to prioritise lung diseases and raise awareness. Every breath matters, and our efforts aim to ensure healthier lives for everyone. The rate at which we are seeing silicosis and other occupational respiratory diseases rising in Australia is unacceptably high. Nearly one in four engineered stone workers who were in the industry prior to 2018 has been diagnosed with silicosis or other silica dust related diseases, and this number is still predicted to rise, most notably among young men. These are distressing facts and figures for illnesses that are entirely preventable, and all too often lead to entirely preventable deaths.

By working together, we can achieve a future free from preventable illnesses. That is why we are committed to tackling occupational respiratory diseases. We're undertaking a suite of reform to ensure Australia's prevention and treatment measures are world class and protecting workers from unacceptable health risks. That is why we've taken the recommendation of the National Dust Disease Taskforce to establish a national occupational respiratory disease registry seriously. The national registry will allow for the reporting of all occupational respiratory diseases, and it will ensure that everybody who contracts an occupational dust related disease will have that recorded on the register. But, most importantly, if you have silicosis, that recording will be absolutely mandatory. The national registry rules capture information relating to respiratory diseases that are believed to have been occupationally caused or exacerbated and support the use of this information to truly understand the scale of these diseases in Australia and to take action to reduce further exposures in the workplace.

As a proud ambassador in South Australia of the Asbestos Diseases Society of South Australia, I've witnessed firsthand some of the fantastic work that groups out in the community are doing in this area. I've also witnessed firsthand the great work that the Asbestos Diseases Society of South Australia is doing. It continues to provide enormous support for sufferers of asbestos related diseases. The Asbestos Diseases Society of South Australia was set up in 2005 by the late Jack Watkins. Jack was a long-time campaigner for asbestos victims and a sufferer of asbestos disease. A commendable initiative by the Asbestos Diseases Society of South Australia and fostered by the Enfield council is the Jack Watkins Reserve, which is in my electorate of Adelaide. The park is home to a memorial for victims of dust related diseases, and every year we lay wreaths for people that have been lost to these dreadful dust diseases. Jack Watkins Reserve serves as a reminder of the lives impacted by these diseases and provides a place for the community to come together to honour the memory of those loved ones that they've lost. I'm very honoured to be able to speak about a remarkable individual whose dedication has made a profound impact on the lives of many.

The current president of the Asbestos Diseases Society of South Australia, Mr Peter Photakis, stands as a beacon of hope in our community, and I'm proud to have him in my electorate of Adelaide. It is through the tireless efforts of individuals like Mr Photakis that the Asbestos Diseases Society of South Australia is a symbol of support, understanding and advocacy for those affected by asbestos related illnesses. Attending events hosted by Peter and his team is always a privilege, but it also brings home the angst associated with dust diseases. It is an opportunity where you witness firsthand the incredible work that they accomplish. It is also a chance to connect with the people involved and hear their stories. These accounts are challenging to accept, but they are the harsh reality for many people. Peter receives at least two to three phone calls a week from individuals that have either just been diagnosed with a dust related disease or are worried about the potential of it happening. Whilst the Asbestos Diseases Society of South Australia is based in my wonderful electorate of Adelaide, the people calling Peter come from all over Australia.

Silicosis has become an alarming concern, reaching a point where both asbestos and silicosis are prominent issues that we must confront. We need to get it sorted out before it gets any worse. The urgency is undeniable.

Now, unlike asbestos related cancers that take decades to manifest, silicosis can take merely six years to pose a significant threat to one's health. The gravity of this problem extends beyond manufactured stone. Correct personal protective equipment and education is vital in preventing it.

Along with the Asbestos Diseases Society of South Australia, another great South Australian organisation working hard to protect and look after those impacted by dust related diseases lies in my electorate, again in Adelaide: the Asbestos Victims Association. The James Hardie factory in Elizabeth in South Australia once manufactured asbestos products. Many people worked there. Colin Arthur's efforts led to the formation of the Asbestos Victims Association, and they've been campaigning for justice and compensation for victims ever since. The Asbestos Victims Association's advocacy, including support from members of parliament here, resulted in legal changes benefiting asbestos victims. Melissa Haylock's case led to a groundbreaking legal precedent allowing compensation for services as a mother. Peter Beinke, an electrician diagnosed with asbestos disease, left a bequest to support regional patients seeking treatment in Adelaide.

These organisations work tirelessly because they're committed to helping asbestos victims, and we must stand by them in their efforts with the legislation that we produce in this place. Workers' health is not up for negotiation. We need to continue to implement, and enforce rigorously, regulations that govern workplace safety. These regulations will be regularly updated to ensure they reflect the latest technology and knowledge about health risks. Education is a key and training is necessary. The government is fully dedicated to this.

So let's move forward with determination, unity and compassion. Let's banish silicosis, and asbestos and other dust related diseases, from our workplaces for good. The government is committed, because workers' health, as I said earlier, is not negotiable. So I hope everyone stands behind this legislation. Let's stand behind the Australian workforce and a promise that their health and wellbeing matters above all else. By establishing this registry, we are sending a clear message: nobody should go to work and contract diseases that kill them.

7:27 pm

Photo of Tania LawrenceTania Lawrence (Hasluck, Australian Labor Party) Share this | | Hansard source

Silica is complex. It is used for many things, including as a safe food additive and in cosmetics. Silica is the third most abundant trace mineral in the body, after iron and zinc, and it creates bonds between protein molecules. We cannot live without it. Silica dust, though, is dangerous and deadly.

In Australia, silicosis was something most closely associated with coal and other mining for much of our history. In more recent years, the silica-laden dust produced when cutting engineered and natural stone for use in homes has been maiming and killing our workers, young and old, at a frightening pace. Minister Kearney stated in her second reading speech that research suggests that nearly one in four engineered-stone workers have contracted silicosis—one in four.

Legislators have a duty to investigate, to find information, to listen to and follow the best available expert advice, and to take action. Often, sadly, that knowledge trails behind the headlong development of an industry.

Silicosis is neither a homegrown problem, nor restricted to our shores. Around the world, governments are confronted with the same challenge. In many of those countries the government supports the health infrastructure, and the influence of organised unions is not as effective as those we are blessed with. A report from California carried by the National Public Radio just last month described the plight of Latino men in that state with lung disease who've worked in factories that make kitchen and bathroom countertops. The safety agency there has stated that most countertop-fabrication shops are not complying with federal silica rules. The report suggests it remains a blind spot for most other state legislators. From India, another report carried by the Wire, again just last month, describes the village of Budhpura located in the north-western state of Rajasthan as the epicentre of India's sandstone industry. It is also now known as the village of widows. Now, due to the lack of male workers, those widows are working the jobs that their husbands once worked.

Debate interrupted.