Changes to use of Silica in the Workplace

WorkSafe has completed 92 unannounced inspections of stone suppliers and manufacturers since Victoria’s engineered stone ban took effect on 1 July. The visits have caught out a small number of duty holders, with three now referred for investigation for suspected supply and processing of engineered stone products in breach of Occupational Health and Safety Regulations.

WorkSafe’s Silica Field Team has also issued 38 compliance notices since July 1, including non-disturbance notices to prevent the supply of engineered stone products. Inspectors have additionally seized a number of samples for testing of silica content. WorkSafe Executive Director Health and Safety Sam Jenkin said regular inspections would continue to drive home the message that complying with the ban is a legal requirement – not an option.

This spike in cases is linked to a rise in the manufacturing and use of engineered stone. So what is crystalline silica and how do we protect our workforce?

What is it?

Crystalline silica is a mineral compound found in soil, rock and sand. Respirable crystalline silica (RCS) is generated by the vigorous processing of compounds that contain crystalline silica in the form of dust. Examples of processing activities are, cutting, sawing, drilling, grinding and polishing materials that contain crystalline silica. RCS particles are very small, as such they are likely to remain airborne longer than larger dust particles and are invisible to the naked eye. Compounds and the amount of RCS contained are outlined below:

  • Granite
  • Shale
  • Natural Sandstone
  • Composite
  • Aggregates, mortar, concrete

What does it do?

When generated, RCS may be inhaled, lodging deep within the lungs. A number of diseases have been associated with the inhalation of RCS with silicosis being the primary disease.

Silicosis is divided into three main types:

Acute silicosis may develop after exposure to very high levels of RCS over a short period of time, within a few weeks or years. Acute silicosis causes severe inflammation and an excess protein in the lung.

Accelerated silicosis may develop after exposure to moderate – high levels of RCS over the period of 3-10 years. Accelerated silicosis causes inflammation, protein in the lung and scarring of the lung.

Chronic silicosis may develop after exposure to lower levels of RCS long term and causes fibrotic nodules and shortness of breath. Chronic silicosis may include progressive massive fibrosis where the fibrotic nodules in the lung aggregate.

Additional diseases associated include; Chronic Bronchitis, Emphysema, Kidney damage, Lung cancer, Scleroderma

Who in particular is at risk?

Workplaces that manufacture, install or modify engineered stone have experienced a spate of instances of silicosis over the past few years, however it is expected that the number of cases recorded do not accurately reflect the number of instances occurring as it is not presently a reportable illness.

Additional workplaces that may provide an exposure include; building, construction and demolition work, preparing kitchen benchtops – stone, excavation, blasting, mining, brick manufacturing, road building, stonework, explosives, foundry.

Activities:

  • brick cutting
  • grinding masonry
  • concrete cutting, chiseling
  • cleaning up dust and debris from above mentioned
  • cutting and working with manufactured stone

How can exposure be controlled?

As silica becomes respirable in dust form, it is important that exposure to dust is minimised to acceptable, safe levels. At the time of authoring Safe Work Australia’s Workplace Exposure Standard requires that respirable silica dust not exceed 0.1 mg/m³ as an eight hour time weighted average. To achieve this, it is recommended that dust extraction, wet cutting practices, isolation of the process area and the use of appropriate personal protective equipment such as respiratory equipment, be

implemented. Local exhaust ventilation and wet dust suppression practices have been shown to reduce dust by up to 99%.

Important notes:

Health monitoring of employees engaged in activities that are exposed to RCS are included in relevant WHS/OHS legislation. Abrasive blasting of material containing >1% crystalline silica has been banned in Victoria and dry cutting of engineered stone has been banned in Queensland.

Additional information:

  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for persons conducting a business or undertaking
  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for workers
  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for medical practitioners

Sources
Vero Insurance
Safe Work Australia

Lessons from Triage – Labour Hire

A standard question asked when a Public/Products Liability policy is placed is whether the insured engaged labour hire personnel and/or contractors or sub-contractors. A situation that comes up regularly is with what I will call internal labour hire. This arises where the insured has two companies. One company carries on the business. The second company engages all of the employees. The second company takes out worker’s compensation insurance.

What we see is an employee of the second company injured while working in the business of the first company. The worker’s compensation insurer pays the claim and seeks recovery from the first company. 

The first company then seeks cover under their Public Liability policy. The effect of these internal labour hire arrangements is that they effectively turn the Public Liability insurer into a Worker’s Compensation insurer. 

Liability insurers do not want to be in that position and their response to these kinds of arrangements is usually to either decline the risk, accept the risk with an exclusion or put on a high excess (in one recent claim, the excess was $100,000). 

Internal labour hire arrangements seem to be recommended by accountants. From the perspective of an accountant, they may be prudent arrangements. 

However, from an insurance perspective, they are potentially catastrophic.

If you have questions, please contact your experienced account broker at theteam@wsib.com.au or phone 02 9587 3500.

Source:
Steadfast

Cyber awareness: Wrongful use of licensed music

Sony Music has sued Marriott in Delaware federal court, accusing the hotel chain in a lawsuit made public on Monday of using more than 900 of its artists’ songs without permission in Marriott advertisements on social media platforms.

The lawsuit names 931 songs, that Marriott and influencer partners allegedly misused, including hits by Beyonce, Michael Jackson and Harry Styles, potentially making Marriott liable for more than $139 million in statutory damages under U.S. copyright law.

Representatives for Marriott and Sony Music did not immediately respond to requests for comment on the complaint.

According to the complaint, Sony Music told Marriott in 2020 that social media pages associated with its hotels were using Sony Music recordings without its authorization. The lawsuit said Sony Music’s notices have continued through this March.

Sony Music also said that Marriott’s infringement is continuing, with at least 47 new instances in May alone. The complaint said that Marriott’s ads “rob Sony Music of the substantial licensing revenues it is entitled to.”

If you have any further questions please reach out to our cyber guru, Scott Scala at WSIB on scotts@wsib.com.au

Sony Music asked the court for an order blocking Marriott from using its music in addition to monetary damages. The case is Sony Music Entertainment v. Marriott International Inc, U.S. District Court for the District of Delaware, No. 1:24-cv-00598.
Source: Reuters 

October is National Safe Work Month!

National Safe Work Month encourages businesses to prioritise work health and safety and take preventative action to reduce the number of work-related injuries, illnesses and fatalities. The campaign aims to promote a positive safety culture and to emphasise the importance of good WHS practices. No job should be unsafe, and no death or injury is acceptable. National Safe Work Month provides a valuable opportunity to raise awareness of WHS and highlight the collective benefit safe and healthy work has to individuals, organisations, and the wider community.

 

The 2024 edition of Safe Work Month is ‘Health & Safety is everyone’s business’ encapsulating the growing need for a healthy and safe workplace environment, and the potential positive impacts and benefits to businesses who buy in to these strategies. Each of the 4 weeks brings with it a different topic, including WHS fundamentals, Psychosocial Hazards, Risk Management fundamentals and Musculoskeletal injuries.

 

Week One focuses on Work Health & Safety Fundamentals and promotes a return to basics philosophy focusing on strategies such as identifying risks, consultation with the workforce, and training and education of the workforce. Week Two transitions to one of the more recent focus areas being Psychosocial Hazards, where the call to action will be for businesses to educate themselves on what these hazards are, and the impact they have on the person and the business. Week Three moves towards the risk led approach of Risk Management; the continuous cycle of identify, assess, control, review and improve. Week Four aims to target the long-standing risk of musculoskeletal injuries and how businesses can improve their productivity through the reduction of these incidents.

 

The SafeWork Australia website is a great starting point for businesses who are looking for tools and resources to tap into to help you start or continue along your health and safety journey: https://www.safeworkaustralia.gov.au/national-safe-work-month

 

If at any point you are looking to discuss a situation in your own business, or simply looking for a trusted partner to assist your business with risk mitigation, do not hesitate to contact us at Warren Saunders Insurance Brokers today. We have an ever-growing team of insurance and safety experts who can help you navigate the plethora of opportunities out there in today’s market.