Australia's Ban on Engineered Stone: A Legal Insight
In an unprecedented move that signals a significant victory in the ongoing fight against silica-related diseases, Australia has introduced a ban on engineered stone, effective from 1 July 2024. This historic decision marks a pivotal moment in the protection of workers' health and safety across the nation. Ahead of his contributions at the Dust Diseases Claims Update in September, we spoke with Jonathan Walsh, Principal Lawyer at Maurice Blackburn Lawyers, to gain deeper insights into the campaign that paved the way for this landmark decision.
The Emergence of Silica-Related Health Concerns
Silica-related diseases have been a growing concern, with increasing numbers of individuals suffering from conditions such as silicosis, a lung disease caused by the inhalation of silica dust. The use of engineered stone products, prevalent in the construction and manufacturing sectors, has been identified as a significant source of silica dust exposure. Jonathan opens up about the initial challenges faced when addressing these health concerns. "The battle against silica-related diseases began with acknowledging the severe impact of engineered stone products on workers' health. It was crucial to bring this issue to the forefront of public and legislative attention," he explains.
Behind the Scenes: The Role of Maurice Blackburn Lawyers
Maurice Blackburn took a proactive stance in advocating for the ban on engineered stone. "Our firm recognised early on the devastating effects that exposure to silica dust had on workers. We committed ourselves to fight for stricter regulations and the eventual ban of engineered stone," Walsh says. The firm's efforts included legal analysis, extensive research, advocacy, and providing direct support to affected workers, emphasising the importance of their role in shaping public policy and driving legislative change.
Partnering for Change: Collaborating with Unions and Health
Organisations
A crucial element of the campaign's success was the strong partnership formed between Maurice Blackburn Lawyers, trade unions, health organisations and other leading scientific and medical experts. "Collaboration was key. We joined forces with the Australian Council of Trade Unions (ACTU), The Thoracic Society of Australia and New Zealand (TSANZ), the Lung Foundation of Australia (LFA) and other organisations to amplify the message and push for real change," Walsh notes. This collective effort ensured that the campaign had a wide-reaching impact, garnering support from various sectors of society.
The Case of Kyle Goodwin: Humanising the Legal Battle
One of the most compelling aspects of the campaign was the story of Kyle Goodwin, a former stonemason diagnosed with advanced silicosis (otherwise known as Progressive Massive Fibrosis), who became the face and chief advocate for the ban. Walsh reflects on the significance of Goodwin's involvement: "Kyle's story put a human face on the consequences of inaction. His bravery in speaking out made the issue impossible to ignore and played a crucial role in securing the ban." Goodwin's advocacy highlighted the personal suffering behind the statistics, making a powerful case for the urgent need for reform.
Challenges and Triumphs in Legal Advocacy for Worker Safety
The road to the ban was fraught with challenges, from overcoming industry resistance to navigating the complexities of legislative change and the downstream impact that a ban would have on secondary markets and supply chains. Walsh shares insights into the perseverance required: "Every step forward was hard-won. There were moments of doubt, but our belief in the cause and the tangible impact we were making on individuals' lives kept us going."
Looking Forward
While the ban on engineered stone is a monumental achievement, Walsh is quick to point out that the fight is far from over. "This is a significant step forward, but our work continues. We remain committed to advocating for improved health and safety regulations in all high-risk silica industries. There remains over 600,000 Australian workers who are exposed to silica dust every day at work. As a consequence, many thousands more workers in time will be diagnosed with some form of silica related disease." The ongoing efforts of Maurice Blackburn Lawyers and their partners aim to build on the momentum of this victory, ensuring that workers' health and safety remain at the forefront of legal and legislative agendas.
You can hear more from Jonathan at the upcoming Dust Diseases Claims Update, taking place in Sydney and live online across the country on Wednesday, 18 September.
Jonathan Walsh is Principal Lawyer (Asbestos, Silica and Occupational Diseases), Practice Leader at Maurice Blackburn Lawyers, and an Accredited Specialist in Personal Injury (Dust Diseases).
