spring 2019 - adss · australia both mined and imported asbestos, which was used in the...

SPRING NEWSLETTER 2019Asbestos Disease Support Society 1

Spring 2019

Asbestos Disease Support Society16 Campbell Street, Bowen Hills, QLD 4006

PO Box 280, Spring Hill, QLD 4004Phone: 1800 776 412

Asbestos Disease Support SocietySPRING NEWSLETTER 20192

2019 Date Claimers

ADSS Morning Tea Events

ADSS Symposium – Wednesday 16 October 2019 – Brisbane City Hall

ADSS Ecumenical – Friday 29 November 2019 – St Stephens Cathedral Brisbane

2019 Social Support Groups

Gold Coast - 24 October - Currumbin RSLIpswich - 29 October - Ipswich Civic CentreRedcliffe - 14 November - Redcliffe Leagues Club

Sunnybank Social Support Group – Sunnybank Hills Library from 9.30am Second Friday of the Month

11 October 15 November (Xmas Lunch)

3 October 7 November (Xmas Lunch)

Chermside Social Support Group – Chermside Library from 9.30am First Thursday of the Month

2 October 6 November

Bundaberg Social Support Group – Bundaberg Neighbourhood Centre from 9.30am First Wednesday of the month

9 Oct 13 Nov

Hervey Bay Social Support Group – Hervey Bay Neighbourhood Centre from 9.30am Second Wednesday of the month


Gold Coast Social Support Group – Robina Community Centre, 196 Robina Town Centre Drive, Robina (Green & Grey

Building, First Floor, Room 2.2) from 9.30am Third Thursday of the month

October - no meeting 26 November

Ipswich Social Support Group – WG Hayden Humanities Centre, 56 South Street Ipswich from 9.30am Fourth

Tuesday of the month


Sunshine Coast Social Support Group – North Shore Community Centre, 701 David Low Way Mudjimba from 9.30am

Fourth Wednesday of each Month


Rockhampton Social Support Group – Rockhampton Leagues Club, Cambridge Street Rockhampton from 9.30am

Third Wednesday of each month

18 October 15 November 20 December

Toowoomba Social Support Group – Engine Room, Railway Street (Opposite the Railway Station)

Toowoomba from 10am Third Friday of the month (January – December)


Cairns Social Support Group – Manunda Library, Raintrees Shopping Centre, 63 Alfred Street Manunda from 9.30am

Third Friday of each month


In This Issue

In Loving Memory 4.......................................................................................................................................................................General Managers Report – Trevor Torrens 5.......................................................................................................................................................................Our Legal Advisor – Thady Blundell 8.......................................................................................................................................................................Society Social Worker – Natalie Barber 10.......................................................................................................................................................................On the National Front 14.......................................................................................................................................................................Around the World 17.......................................................................................................................................................................Did You Know? 22.......................................................................................................................................................................The Society at Work 25.......................................................................................................................................................................

Invitation to Symposium 2019Asbestos Related Diseases

‘What you need to know’WEDNESDAY 16TH OCTOBER 2019 10.15AM TO 12.30PM

FREE COMMUNITY EVENT

Date: Wednesday 16th October, 2019Time: 9.30am registration for a 10.15am startVenue: City Hall, King George Square, Brisbane

(Brisbane Room) Morning tea provided on arrival for a prompt 10:15am start.

Light lunch provided from 12:30pm.The Symposium will be followed by the ADSS Annual General meeting of members at 1.30pm.

SPEAKERSDr Simon Bowler – Respiratory Physician Dr Morgan Windsor - Thoracic Surgeon Beth Dermer - Occupational Therapist T revor Torrens, General Manager, Asbestos Disease Support Society Thady Blundell, Partner, Turner Freeman Lawyers – MC

RSVP (if attending) by Friday 11 October, 2019 Phone: (07) 3252 7852 • Email: [email protected]

Asbestos Disease Support Society PO box 280

Spring Hill Qld 4004 P: 07 3252 7852

E: [email protected]

ASBESTOS DISEASE SUPPORT SOCIETY NOTICE OF ANNUAL GENERAL MEETING

DATE: Wednesday 16 October 2019

TIME: 1.30pm (following Symposium lunch)

LOCATION: Brisbane City Hall (Brisbane Room)

BUSINESS:

1. Welcome

2. Attendance and Apologies

3. Minutes of Previous Meeting

4. Board Report

5. Financial Statement and Auditors Report

6. Appointment of Auditors

7. Endorsement of Board Elections

Trevor Torrens General Manager/Company Secretary


William Gilchrist (Bill) Mitchell

Raymond (Ray) McLaren Priest

William Macadam Bonar

Garry Raymond Upton

Luis Merlo

Robert Fishlock

Rudolf Tennigkeit

Donald Cowan

Graeme Cecil Frampton

Peter Wilder

Robert Chalk

Gordon Lawrence

Robert Edwin Alexander Bulfoni

William (Bill) Shepherd

Trevor Uppington

For a second you were flyingLike you always wanted toNow you’ll fly foreverIn skies of azure blueWe’ll see your smile in every rayOf sunshine after rainAnd hear the echo of your laughterOver all the painThe world’s a little quieter nowThe colours have lost their hueThe birds are singing softlyAnd our hearts are missing youEach time we see a little cloudOr a rainbow soaring highWe’ll think of you and gentlyWipe a tear from our eye

By: Victoria Bruce

In Loving Memory


Welcome to the Spring edition of the Asbestos Disease Support Society Newsletter. It has been a busy quarter with a North and Central Queensland trip to hold member and community morning teas, the holding of the Society’s annual charity race day and meetings with Industry and Government Officials on asbestos and silicosis related matters. On my travels to our morning teas, one can’t help but notice the effects of the drought, whether it be the dry lawns, gardens and parks in the suburbs or the farm lands to the west and other areas. At the Society’s Warwick morning tea, members (and long term residents) told me they couldn’t remember when the area was so badly impacted by drought. To those who are particularly affected, the Society’s thoughts are with you. Let’s hope for rain soon!

As mentioned, the Society continues to hold member morning teas, in conjunction with our legal adviser, Turner Freeman Lawyers. The morning teas are a great opportunity to get together to meet members, discuss asbestos related medical and legal issues and generally have a chat. Since the last the newsletter, the following morning teas have been held:

Gladstone - 14Bundaberg - 36Hervey Bay - 37Gympie - 21Logan - 39North Lakes - 54

Australian Institute of Health and Welfare: Mesothelioma in Australia 2018......................................................................................

On a very serious note, the AIHW Report “Mesothelioma in Australia 2018” was released in late August. The report’s data comes from the Australian Mesothelioma Registry, which is managed by the AIHW. The AMR records all cases of mesothelioma diagnosed in Australia since 1 July 2010. Unfortunately, the incidence of mesothelioma continues to remain high. As of 1 May 2019, 662 new diagnosis of mesothelioma have been recorded for 2018, with the age of diagnosis ranging from 22 to 101 years. The number of recorded diagnoses and deaths that occurred in 2018 are expected to increase as more notifications continue to be received. Nearly 1,000 people diagnosed with mesothelioma since July 2010 voluntarily participated in an asbestos

exposure survey. For those who indicated as being possibly or probably exposed either in the non-occupational setting only, (or both non-occupational and occupational settings) the most common contexts were: • Undertaken major home renovations that involved

asbestos products, or lived in a house undergoing renovation;

• Serviced or worked on car brakes/clutches – restoring their own cars at home, or doing work on their own vehicle;

• Lived in the same home as someone with a job where they were exposed to asbestos and came home dusty;

• Lived in a house made of “fibro”, built between 1947-1987.

What the above indicates is that non-occupational or “Third Wave” exposure is a growing concern.

Australia’s consumption of asbestos peaked at around 700,000 metric tonnes during the period 1970–1979. Australia both mined and imported asbestos, which was used in the construction industry due to its durability and fire and chemical resistance. Asbestos-containing materials (ACMs) were used in over 3,000 products in the construction industry, including insulation and flooring materials, wall and roof sheeting and brake linings, as well as in ships, trains and cars. Australia banned the use of all forms of asbestos in 2004, however a large amount of asbestos still remains in the built environment.

A full copy of the report can be found on the AIHW website at: https://www.aihw.gov.au

Record Compensation Payment ...................................................................................... In August, the South Australian Employment Tribunal awarded over $3m in compensation to a 42 year old man who developed mesothelioma as a result of his exposure to James Hardie building products during home renovations and working as a fencing contactor. The decision raised a number of threshold issues in relation to Hardie’s obligation to adequately warn the public about the risk posed by its asbestos products. The Society’s legal adviser, Thady Blundell of Turner Freeman Lawyers examines the implications of this decision in his article.

ADSS Strategic Plan 2019-2021......................................................................................

4 Asbestos Disease Support SocietySPRING NEWSLETTER 2018

General Managers Report

Welcome to the Spring edition of the Asbestos Disease Support Society Newsletter. It has been

a busy quarter, with community morning teas, a trip to the Northern Territory, the holding of the Society’s charity race day and numerous meetings.

In August, myself, the Chair of ADSS, Andrew Ramsay and Director, Bianca Neve travelled to Darwin to further establish our presence in the Territory.

Whilst in Darwin, the Society held a successful community morning tea, did numerous radio and newspaper interviews, hosted a site BBQ breakfast for construction workers, spoke to workers at their pre-start meeting, met with a number of politicians, including the Health Minister, presented at the NT Union Executive monthly meeting, met with NT Worksafe and also the Cancer Council NT.

Darwin has extensive asbestos contamination. It has been used as landfill, with urbanisation now encroaching on the dumping grounds, there is waste left over from the WW2 bombing of Darwin, cyclone Tracey and houses and buildings with asbestos. It even washes up on the beaches after it was dumped into the ocean many years ago and emerges after storm tidal surges!

The Society also continues to hold member morning teas, in conjunction with our legal adviser, Turner Freeman Lawyers. The morning teas are a great opportunity to get together to meet members, discuss asbestos related medical and legal issues and generally have a chat. Since the last newsletter, the following morning teas (with attendance numbers) have been held:

Gold Coast 30 Bundaberg 22

Warwick 11 Gladstone 14

Hervey Bay 21 Gympie 20

Logan 44 North Lakes 69

The remaining morning teas in 2018 are in the Date Claimers section of this newsletter.

Director Nominations

At the time of writing, nominations have been called for four Director positions. The Society’s Constitution provides that half the number of directors retire every alternate year. All members will have received a mail out from the Society calling for nominations. Should there be an election (i.e more than four nominations are received) all members will be entitled to vote. The new Directors will be endorsed at the ADSS Annual General Meeting on the 17 October 2017, (following the Symposium).

ADSS Symposium

The biennial ADSS Symposium “Asbestos Related Disease - What you need to know”, will be held at the Hotel Jen (above the Roma St railway station) on Wednesday 17 October. I am very excited about this event. We have an excellent line-up of expert speakers who will cover all you need to know about asbestos related disease, including diagnosis, treatment, pain management and current research. A number of information stalls will also be present to provide additonal relevant information. An invitation has been forwarded to all members and a copy is also included in this newsletter. If you are not able attend, a video presentation will be available on the Society’s website after the event.

Annual General Meeting

The Society’s Annual General Meeting will be held on Wednesday 17 October 2018 at the Hotel Jen, Roma St Brisbane (Following the Symposium). A copy of the notice is included in this newsletter.

Constitutional Changes

You will have also recently received notice of a Special Resolution to amend the Society’s Constitution, which will be considered as part of the AGM.

By way of background, the Board commissioned a report earlier this year into the Society’s legal and governance framework to identify any apparent gaps. The report was positive and found no major issues, but a number of recommendations were made in relation to the Constitution to reflect best practice and modern standards of regulatory expectations as a public benevolent institution. Outside of the commissioned report, the Board has endorsed changes to expand the Society’s scope of operations to include “dust related lung disease” and to also allow medical professionals to become Board directors.

TREVOR TORRENS

General Managers ReportTREVOR TORRENS


ADSS has finalised its three (3) year strategic plan. Our Mission, “To assist suffers and those affected by dust related lung diseases and eliminate future incidences by preventing exposure” is supported by the following pillars:• Support• Advocacy • Awareness• Education A significant focus for the Society is in relation to “Third Wave” exposure, particularly the DIY home owner market.

The ADSS Strategic Plan can be found on our website at: https://www.adss.org.au/wp-content/uploads/2019/08/ADSS-Strategic-Plan-Final.pdf

Asbestos Disease Symposium......................................................................................

In partnership with Turner Freeman Lawyers, the 2019 Asbestos Related Diseases Symposium will be held at Brisbane City Hall (The Brisbane Room) on Wednesday 16 October (Registration commences at 9.30am for a 10.15am start) followed by a light lunch. Our speakers this year are:• Dr Simon Bowler: Respiratory Physician • Dr Morgan Windsor: Thoracic Surgeon • Beth Dermer: Occupational Therapist Following each speaker’s presentation, there will be a Q&A session. Further details are included in the Newsletter.

Annual General Meeting...........................................................................Following the Symposium lunch, the Society’s Annual General Meeting will be held (commencing approximately

1.30pm). A Notice of AGM has been posted to members and further details are included in the Newsletter.

Director Elections......................................................................................

The ADSS Constitution requires half the Board to “retire” each year and “retiring” directors are eligible for re-election. All members received a mail out from the Society calling for nominations. As a result, the following people have been elected: • Phil Blair (existing director)• Peter Close (existing director)• Margot Hoyte (existing director)• Bianca Neve (existing director)The above directors will be endorsed at the AGM.

Race Day......................................................................................

The Society’s 12th Annual Race Day (and major fund raiser) was held on Wednesday 18 September at Doomben Racecourse with about 700 people attending to enjoy a beautiful Spring day. The Race Day is a corporate event aimed to raise money for the Society and hence its members and generates about 20 per cent of our income. This year included:• 8 feature races, including the Shirley White Cup (in

memory of the Society’s founder) • Tug-a-war competition• Trevor Gillmeister’s (aka Gilly) “Don’t hog the ball,

pass it competition” – this could have run all day and was huge success.

• Photo Booth • Lolly Bar• Memorabilia Auction • The “Band” • Bud’s novelty hat stand • Other various novelty games and giveaways


All the Best,

Trevor

The feedback I received is that it was one of the best race days the Society has held.

Our Annual Raffle, consisting of a trailer with a load of terrific “goodies” valued at $7,000 (First Prize), a $2,500 travel voucher (Second Prize) and a $1,000.00 worth of gift cards (Third Prize) was also drawn. The winners are listed below. First Prize: Stu LeechSecond Prize: Electrogroup

Third Prize: John ‘Dutchy’ Resoort

A lot of work by a lot of people goes into making the day a success. There are just too many organisations and people to thank individually, so just one big thank you to all those who supported, sponsored, donated, purchased, contributed, volunteered and attended the day. Trevor Gillmeister – Society Ambassador ...........................................................................

Trevor recently had a scare with his prostate but has assured me all is now ok. If fitness is an indicator he has well and truly recovered. His message to me was early detection is the key.

All the best from the Society Trevor.

Member Support ...........................................................................

I would like to take this opportunity to remind members of the valuable support services provided by ADSS:• Access to the ADSS Social Worker; • Telephone and home visit support; • Free occupational therapy assessment;• Dietetics and nutrition consultation through the

University of Queensland clinics• Medical aides for loan;• Free consultation with ADSS lawyer;• Morning teas in the local community;• Invitation to the ADSS Symposiums;• Invitation to the annual Ecumenical Service.

I would encourage you to utilise the services and attend the events.


A major issue facing the Society, and indeed the courts, is the fact that there are large quantities of asbestos materials still present in the community, which gives rise to potential asbestos exposure and the development of asbestos disease.

The Society of course has been working to raise awareness about the dangers of ongoing exposure to asbestos products, which in most cases, have been installed decades earlier. There can be inadvertent exposure when persons undertake, for instance, renovations not knowing that the material they are cutting into or removing contains asbestos. This is why education is so important.

Legally, exposure to asbestos from products which were installed decades earlier gives rise to complicated issues.

Is a manufacturer who sold the product liable for exposure that occurs decades earlier? For instance, a person may purchase a house built, for instance, 20 years before purchase. During the course of owing the home, they may cut into or work with the existing asbestos cement fibro materials, giving rise to asbestos exposure. What happens legally if they then develop mesothelioma – is the manufacturer liable?

Virtually all decided cases against manufacturers of asbestos products have been in respect of exposure to asbestos from asbestos materials, which had been purchased and then immediately installed or worked with.

A recent South Australian case brought by Mr Werfel, suffering from mesothelioma, highlighted the legal issues in respect of exposure from existing asbestos products.

The claim was brought against James Hardie and Mr Werfel had exposure to asbestos from fibro materials which had been manufactured and sold by James Hardie years earlier. His exposure was in the 1990s and 2000s (the products had been purchased and installed years earlier) and he developed mesothelioma in 2017.

The case raised issues of whether a warning given decades earlier would have been of any use to someone coming in contact with the product years later. Also, was James Hardie under a continuing duty to educate the community about the dangers of asbestos – a public awareness campaign? Should it have removed the asbestos from its products earlier than it had?

The South Australian Court accepted Mr Werfel’s argument that James Hardie should have run a public awareness campaign, should have properly warned about the dangers of asbestos and should have removed asbestos earlier than it had.

For now, this is the leading case in this area, although an appeal has been lodged by James Hardie, which is likely to be heard sometime in early 2020. As time marches on, there will be more and more cases of mesothelioma unfortunately arising from inadvertent exposure to existing asbestos materials, which have been present in homes and commercial and industrial premises for many years and which have not yet been removed. This decision will have enormous consequence for the compensation entitlements in such cases.

If you have any questions regarding this decision, please contact the Society.

THADY BLUNDELL – SOCIETY LEGAL ADVISER

Asbestos Present In The Community – Legal Issues


Society Social WorkerNATALIE BARBER

For the past two and a half months the Society has had the pleasure of welcoming Jenny, a third year Masters of Social Work student to complete her final placement with us before graduating from university. I would like to share with you a very thoughtful article that Jenny has written for our members on communicating with health care professionals for this edition of our spring newsletter.

As social workers at the Asbestos Disease Support Society, part of our role is the provision of information and connecting and supporting members to appropriate services with the aim of improving quality of life. Throughout our interactions with members at support groups, morning teas, symposiums and telephone calls, one of the most common things we hear is ‘I am feeling overwhelmed with the amount of new information I need to process about my disease.

Hearing that you have a chronic illness will trigger many questions. As a new patient just diagnosed with a chronic illness, you and your loved ones are likely to have many concerns and questions. You’ll need to know a great deal about what this means in the coming weeks and months ahead. There are many facets to dealing with asbestos related diseases, and learning about them can be a big learning curve.

When patients forget to ask questions, don’t know to ask, hesitate to ask or assume their doctors will bring up medical information they do or don’t want to hear, some patients may leave a medical appointment feeling frustrated. Inefficient communication can result in patients losing trust in their doctor, reduced health

care management and a combination of these factors may impair your doctor’s ability to offer quality pain and symptom management.

Below are tips to consider in improving communication with your doctor:

• Bring a list of questions to your doctor appointments. Keep this list in your hand so you don’t forget

• Write down your doctor’s answers in detail to prevent forgetting

• If you have many questions, request a longer appointment with the doctor ahead of time.

• Try to ask concise questions. A short, clear question is easier for your doctor to quickly understand and answer.

• Bring someone with you. They can take notes for you and help think of questions to ask.

• If allowed, record the audio of your visit. Be sure to ask first.

• If you don’t feel comfortable with your doctor, don’t be afraid to look for another physician who you can trust.

• Consider keeping a health care journal. It will help you track all your health information in one place, and identify questions to address with your doctor.

Here are some questions that you may want to ask your doctor:

• How and why did I get asbestosis/mesothelioma/pleural plaques?

• What is the difference between asbestosis, pleural plaques and mesothelioma?

• Should I get a lawyer?• How much experience do you have treating

asbestosis/mesothelioma/pleural plaques?• How advanced is my disease?• What are my chances of survival? (What is my

prognosis?)• What are my treatment options?• Will I need additional tests before deciding on

treatment?• What is the goal of the treatment?• Will treatment make me feel sicker than I already

feel?• Do I have to accept all of the treatments that are

suggested?• How about alternative or more natural treatments

for these diseases?• Can I continue with my everyday routine after

treatment?


• Are there programs available to help cover my medical bills?

• What will my symptoms be?• What symptoms should alert me to go to see a

doctor?• What medications will I be given?• What other treatments besides drugs are helpful?• Should I get a second opinion? Can you

recommend someone?• Am I a candidate for surgery?• Can asbestos cause other lung problems besides

fibrosis and cancer?

You may feel empowered and comforted by contributing to advocacy and awareness events. Even while receiving treatment, members are encouraged to attend ADSS events such as morning teas, support groups and symposiums to connect with others in the community.

Being diagnosed with a chronic or terminal illness can bring out distress. It’s normal to experience a range of emotions in the wake of such diagnose.

As you navigate the emotions of a new medical diagnosis, psychologists can help. Referrals can be obtained by your doctor to the appropriate mental health professional.

The Australian Charter of Healthcare Rights describes the rights of patients, consumers and other people using the Australian healthcare system. These rights are essential to make sure that, wherever and whenever healthcare is provided, it is of high quality and is safe.

As always, we are available to assist you and can be contacted on 1800 776 412 or at [email protected].


My healthcare rightsThis is the second edition of the Australian Charter of Healthcare Rights.

These rights apply to all people in all places where health care is provided in Australia.

The Charter describes what you, or someone you care for, can expect when receiving health care.

I have a right to: Access ��Healthcare�services�and�treatment�that�meets�my�needs

Safety ��Receive�safe�and�high�quality�health�care�that�meets�national�standards ��Be�cared�for�in�an�environment�that�is�safe�and�makes�me�feel�safe

Respect ��Be�treated�as�an�individual,�and�with�dignity�and�respect ��Have�my�culture,�identity,�beliefs�and�choices�recognised�and�respected

Partnership ��Ask�questions�and�be�involved�in�open�and�honest�communication ��Make�decisions�with�my�healthcare�provider,�to�the�extent�that�I��choose�and�am�able�to ��Include�the�people�that�I�want�in�planning�and�decision-making

Information ��Clear�information�about�my�condition,�the�possible�benefits�and�risks��of�different�tests�and�treatments,�so�I�can�give�my�informed�consent ��Receive�information�about�services,�waiting�times�and�costs ��Be�given�assistance,�when�I�need�it,�to�help�me�to�understand�and��use�health�information� ��Access�my�health�information ��Be�told�if�something�has�gone�wrong�during�my�health�care,�how�it��happened,�how�it�may�affect�me�and�what�is�being�done�to�make��care�safe

Privacy ��Have�my�personal�privacy�respected� ��Have�information�about�me�and�my�health�kept�secure�and�confidential�

Give feedback ��Provide�feedback�or�make�a�complaint�without�it�affecting�the�way��that�I�am�treated ��Have�my�concerns�addressed�in�a�transparent�and�timely�way ��Share�my�experience�and�participate�to�improve�the�quality�of�care��and�health�services�

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For more information ask a member of staff or visitsafetyandquality.gov.au/your-rights


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Cost $23.95AUDFurther information on the I.C.Emergency USB can be found on the website: www.icemergency.com.au


On the National FrontDIY handyman wins landmark $3 million asbestos compensation claim against James Hardie

An Adelaide man has won a landmark $3 million compensation case against former asbestos manufacturer James Hardie after he developed a rare form of mesothelioma.

Key points:

• Mathew Werfel is part of a third wave of victims that never helped produce asbestos or build houses with it

• He developed the disease after renovating a houses that contained asbestos

• James Hardie argued that there was insufficient evidence to link asbestos to Mr Werfel’s illness

Mathew Werfel was exposed to the deadly material while pulling down fences and renovating two homes between the late 1990s and early 2000s, unaware that they contained asbestos.

“I was painting the exterior of the house, in particular, the eaves of the house,” he told 7.30.

“It was an older home and it required sanding, painting and so it created a lot of dust. It was all over me, my hair, my clothes.

“Had I have known it was asbestos in the eaves I wouldn’t have touched it at all.”

He now has a warning for any home handyman.

“Home renovators beware, because you just don’t know where it is,” he said.

“The difference between what you would consider to be gyprock or asbestos sheeting, you don’t know, you need it to be tested.

“That’s the only way to really know whether it contains asbestos or not.”

Third wave of asbestos victims

Forty-two-year-old Mr Werfel was diagnosed in 2017 after he discovered a lump on the inside of his right leg.

There was no wheezing or shortness of breath because the tumour wasn’t in his lungs, but one of the rare case where it develops in the testicles.

He is what is known as the third wave of asbestos victims.

The first were the workers involved in mining and milling the product, or who worked in asbestos factories.

The second wave referred to tradesmen who used the product.

Now Mr Werfel is represents the third wave, people who come into contact with the asbestos which is already present in the home, and are carrying out renovations.

By the time he had been exposed to asbestos, James Hardie had already stopped making products with asbestos.

But his lawyer, Annie Hoffman, argued that James Hardie should have done more to publicly alert potential home renovators to the danger of the material it had manufactured.


“We’ve likened the sort of campaign that James Hardie should have run to other public awareness campaigns like the Grim Reaper AIDS campaign, as well as the Slip, Slop, Slap skin cancer campaign,” she told 7.30.

‘There’s a lot of fibro homes’

After a long campaign by people like Bernie Banton, James Hardie financed the Asbestos Injuries Compensation Foundation (AICF) for people who contracted asbestos-related diseases.

KMPG estimates James Hardie’s liabilities at more than $1.8 billion, but concedes that there is considerable uncertainty because future claims cannot be known.

University of Wollongong accounting school Associate Professor Lee Moerman said home renovator claims on the fund are currently at record levels.

“Last financial year there were 700 identifiable claims for mesothelioma in Australia,” she told 7.30.

“Of those, 374 were claimed against James Hardie and 229 of those claims were for renovators.”

And that does not factor in any significant surge in third-wave claims.

“If you look at the statistics from James Hardie and their actuarial report, you’d have to think that may increase,” Ms Moerman said.

“It’s gone up from 50 per cent to 60 per cent.

“It’s a bit of crystal ball gazing but there’s a lot of fibro houses out there and there’s a lot of fibro in the environment.”

‘I know it’s a death sentence’

In its defence, James Hardie said Mr Werfel had been a smoker.

It also argued there was insufficient evidence to link asbestos exposure to his rare form of mesothelioma.

But on Tuesday the South Australian Employment Tribunal ruled that James Hardie failed to take reasonable steps to minimise Mr Werfel’s risk of exposure.

“The potential future liability for James Hardie is extraordinary,” Ms Hoffman said.

“It will establish a principle that James Hardie ought to be held liable in circumstances where persons have come into contact with their product in the years after they’ve been installed.”

The payment took into account Mr Werfel’s relatively young age and his expected lost future income.

“It’s a good win but it’s built on the thousands of people who have contracted cancer as a result of asbestos,” he said.

“People have been fighting this fight for decades, including people like Bernie Banton, and it’s time that [James Hardie] just take responsibility for what they’ve done, not only to me but to all of those people before me and the ones to come into the future.

“It’s been two years of pain and stress for me and my wife, my children — having to tell three young girls that their dad has cancer and explain what that means when I don’t even know myself.

“It’s been very difficult.”

Now he just cherishes the time he spends with his wife and three young daughters.

He doesn’t know how much longer he has left with them.

“I pretty much know it’s a death sentence,” he said.

“I just can’t imagine not being around for my family.

“It makes me feel sick, it makes me feel sick to my stomach that a substance like this was ever created in the first place.”


Asbestos in Insulation Component of Battery-Operated Bee Smokers

The Heads of Workplace Safety Authorities has issued a national safety alert regarding asbestos found in the insulation component of electric/battery-operated bee smokers that have been imported into Australia.

The safety alert provides information about electric/battery-operated bee smokers which contain asbestos in the insulating board between the battery compartment in the handle of the device and the metal smoker. Two models with different coloured handles have been found to have asbestos in the insulating board. See Figures 1, 2 and 3.

The devices were imported from China by three separate beekeeping equipment retailer businesses based in Queensland.

Tests have confirmed asbestos was present in the insulating board between the battery compartment in the handle of the device and the metal smoker of the two models shown above.

Work health and safety (or Occupational Health and Safety) laws place duties on persons conducting a business or undertaking (PCBU) or the employer to manage the risk of asbestos containing material (ACM). The work health and safety laws also place duties on importers and suppliers to ensure that imported products, plant, structures or substances do not contain asbestos.

Figure 1

Figure 2Figure 3


Around the WorldJ&J tumbles amid reports the DOJ launched a criminal investigation into whether it lied about its baby powder’s cancer risks

• Shares of Johnson & Johnson fell as much as 6% Friday amid reports the US Justice Department is pursuing a criminal investigation into the company.

• The DOJ is looking into whether J&J lied about the possible cancer risks of its talcum powder, according to the Bloomberg report.

• Lawsuits alleging the products are responsible for cancer have cited internal memos dated as far back as the 1960s that warn asbestos could be found in J&J talc products.

• Nearly a dozen court cases have concluded the company knew some of their Baby Powder products had at least trace amounts of asbestos and didn’t warn consumers of the risk.

Johnson & Johnson‘s stock fell as much as 6% Friday after the US Justice Department announced a criminal investigation into whether the company lied about the possible cancer risks of its talcum powder products, according to a Bloomberg report.

The probe comes at the same time as a regulatory investigation and civil claims by thousands of cancer patients that allege the company’s Baby Powder products caused their illnesses. More than 14,000 lawsuits filed against J&J claim the talc products contain asbestos and are responsible for ovarian cancer or mesothelioma.

The world’s largest manufacturer of health care products said in February that it had received subpoenas, but much of the investigation was a mystery at the time. Lawsuits related to the presence of carcinogens in its baby powder have unearthed internal memos from as far back as the 1960s that warn asbestos detected in the company’s talc products was a “severe health hazard” that could pose a legal risk.

Shares fell as much as 17% in December after reports of memos appearing to show J&J executives knew the products were contaminated as early as the 1970s.


Almost a dozen court cases have concluded J&J knew some of their products had at least trace amounts of asbestos and didn’t disclose the risks to consumers. Jurors have already awarded more than $US5 billion to those who blame the powders for their cancers. Although J&J asserts it has no liability because its products are safe, Bloomberg Intelligence estimates civil settlements related to its talc products could cost as much as $US15 billion overall.

Aside from the civil suits brought by consumers, several J&J investors have accused the company of defrauding them, arguing its shares were artificially inflated because of its failure to disclose the dangers of its powder products.

“Regardless of the outcome, the timetable for such investigations can measure in years, not months,” former SEC lawyer Jacob Frenkel told Bloomberg.

“The implication that there has been a new development in this matter is flatly wrong,” J&J spokesman Jake Sargent told Business Insider in an emailed comment. “As we previously disclosed in our February 2019 SEC filing, we have received a subpoena from the U.S. Department of Justice. We are fully cooperating with the DOJ investigation.”


A JoJo Siwa makeup set marketed to tweens and teens has been recalled after testing positive for asbestos.

The US Food and Drug Administration (FDA) issued a warning to consumers to stop using the product, sold at accessories store Claire’s, which contained eye shadow, two lip glosses and nail polish.

In their report, the FDA notes, “Asbestos is a naturally occurring mineral that is often found near talc, an ingredient in many cosmetic products. Asbestos however, is a known carcinogen and its health risks are well-documented. During talc mining, if talc mining sites are not selected carefully and steps are taken to purify the talc ore sufficiently, the talc may be contaminated with asbestos.”

Claire’s subsequently recalled the Siwa branded sets but noted they were standing by the safety of the makeup.

“Claire’s Stores, Inc. has voluntarily recalled the JoJo Cosmetic Kit out of an abundance of caution after testing by the U.S. Food and Drug Administration indicated the possible presence of trace amounts of asbestos fibres in the powder eyeshadow element of the kit,” the accessories giant said in a statement.

“Claire’s stands behind the safety of this item and all other Claire’s cosmetic items, as such small trace amounts are considered acceptable under European and Canadian cosmetic safety regulations. In addition, last year Claire’s moved to talc-free cosmetic manufacturing to prevent any further concerns about talc contamination. Claire’s also supports increased FDA oversight of personal care products.”

The company added that they were “not aware of any adverse reactions, injuries or illness caused by the

possible presence of asbestos in the recalled products”.

It’s the second time Claire’s cosmetics have come under fire after testing positive for tremolite asbestos. Several products including Claire’s Eye Shadow, Compact Powder, and Contour were also recalled in March.

While Dance Moms alumni Siwa, known for her colourful bows, has yet to issue a statement, it hasn’t stopped angry fans leaving messages on her latest Instagram post.

“I know she dresses like a baby, but she’s old enough to do research and look at the products and companies that represent her brand,” one commenter wrote.

“How’s that asbestos makeup working out for ya?” added another.

Over on Instagram where Siwa has over 9 million subscribers, the teen last posted a makeup tutorial on 2 June. Comments on the post have been disabled.

But while the recall might not be the greatest look for the squeaky-clean singer, it’s unlikely to harm her bank balance too much. The teen’s net worth is said to be around $12 million.

JoJo Siwa make up kits recalled due to asbestos fears


Hope for two million cancer patients: New immunotherapy is the first to shrink lung, breast and mesothelioma tumours

• The USA Sloan Kettering Institute (SKI) is the experimental research arm of Memorial Sloan Kettering Cancer Center.

• Immunotherapy is the most cutting edge treatment in cancer therapies

• The treatment reprograms patient’s immune cells to attack cancer cells

• So far, one of the leading forms is CAR T therapy, but it only works against blood cancers like non-Hodkins lymphoma

• But in a world-first, Memorial Sloan Kettering scientists have developed a version of CAR T therapy that can treat hard cell tumours

• The new study is an early-stage trial, but the therapy shrunk treatment-resistant mesothelioma, breast and lung tumours

Some two million cancer patients – including 9/11 first responders - may finally be treatable with a new CAR T drug, new research suggests.

Late stage hard tumours like many breast, lung and mesothelioma patients develop are next to impossible to treat, and many patients die in spite of treatment.

An early-stage clinical trial, presented at the American Association of Cancer Research, of a first-of-its-kind immunotherapy shrunk tumours and cut down cancer in the blood of mesothelioma patients by up to 50 percent.

Remarkably, the Memorial Sloan Kettering researchers

started seeing improvement in their otherwise treatment resistant patients after a single dose of the treatment.

The new immunotherapy is the first in the world to effectively supercharge immune cells to attack metastisized breast, lung and mesothelioma tumours in an early-stage trial

The researchers identified and tackled several of the flaws in immunotherapy for solid tumours in one go.

‘This approach is [a] first in the world,’ lead study author and Sloan Kettering deputy chief of thoracic surgery, Dr Prasad Adusumilli told Daily Mail Online in an email.

Cancer is often described as a ‘battle,’ and that’s exactly the way that Dr Adusumilli and his team approached their study.

He said that they first gained a better understanding of the ‘battlefield’ or tumor environment, then designed CAR T therapy that acts as a ‘precision tool/weapon with no collateral damage’ and made sure the treatment made a solid ‘landing’ on its battleground.

The result is a treatment that, at least in its earliest stages, promises hope where there was none.

Once cancers like mesothelioma, lung and breast cancers start spreading - or metastisizing – there is little hope, despite that considerable advancements in cancer treatment made in the last several decades.

About half of cancers like colorectal and pancreatic are diagnosed too late to respond to standard treatments like chemotherapy and radiation.


Immunotherapy has started to change those odds, however.

These new treatments supercharge a patient’s own immune system to fight cancer.

Chief among the innovations of the last 20 years is the development of so-called CAR T cell therapies.

CAR T therapy is performed by taking a patient’s own T cells – a type of immunity cell – and bioengineering them to attack cancer cells specifically.

Last year, the Texas-based immunologist, Dr James Allison, was awarded the Nobel Prize for his study of T cells, which paved the way for CAR T therapy.

But the cancers these treatments work on have been limited, historically.

Immunotherapy has extended the lives of and even cured people suffering from blood cancers, but failed against solid tumors.

The new iteration of the therapy developed by scientists at Memorial Sloan Kettering in New York is on the cusp of changing that.

Previously, CAR T cells failed against solid tumours for two reasons.

Varying but significant proportions of breast, lung, ovarian, pancreatic, stomach, and colorectal cancers, as well as mesothelioma, are marked by a protein called mesothelin, which acts like armor on the tumors’ surfaces.

The CAR T treatments that showed such promise for treating other cancers weren’t programme to target these proteins.

Second, CART T therapy is developed using the patient’s

own blood, then, in standard therapies, is transfused back into the patient’s blood.

But by studying cancers and the CAR T treatment in mice, the Memorial Sloan Kettering team discovered that the cancer-fighting cells got caught up in the lungs, lingering for days, and keeping them from reaching and acting on the tumors.

So, Dr Prasad Adusumilli and his collaborators addressed both issues, and gave their new CAR T therapy some additional special features.

They re-engineered the cells to specifically seek and destroy the mesothelin proteins on the surface of hard-to-treat solid tumors.

Then, in collaboration with radiologists, the team developed a way to make sure the supercharged cells reached their target.

Instead of re-infusing the therapeutic cells back into a patient’s blood, they used an image-guided, minimally invasive procedure to inject the cells directly to the tumor surface.

And because the therapy is developed entirely from the human genome, patients’ bodies don’t reject the drug, and they don’t have to take immunosuppressants – which current CAR T patients have to be on for their entire lives.

The treatment was therefore capable of ‘avoiding toxicity and increasing efficacy several folds,’ Dr Adusimilli said.

‘This approach is first in the world.’

The study was just a phase one clinical trial, so its long-term effects and safety aren’t clear yet. But if continues to perform as well as it has, it could give some two million terminal patients a future.


The Wittenoom Tragedy ...................................................................................

The Wittenoom Tragedy In Summary

1. Mining Asbestos at Wittenoom (Remote town in the Pilbara Region of Western Australia)

2. In April 1943 Colonial Sugar Refinery (CSR) commenced mining Blue Asbestos at Wittenoom Gorge

3. 31st December 1966 CSR closed its asbestos mining operations at Wittenoom claiming lack of profitability and falling of asbestos prices

4. Approximately 7,000 men and women worked for CSR blue asbestos mining and milling operations at Wittenoom.

5. Approximately 13,000 non-workers resided in the Wittenoom township i.e. women and children (7000 were children either born in Wittenoom or they arrived with their parents).

6. To date more than 2000 of the workers and residents of Wittenoom have died from Asbestos Diseases.

Wittenoom Facts

1. Existence of Crocidolite in Hamersley Ranges has been known since 1915.

2. In 1923 a Ton of Blue Asbestos could fetch 80 Pounds Stirling in England.

3. About 1925 Asbestos rush occurred in the Pilbara, however tyranny of distance and the terrain difficulties forced the prospectors to sell their claims to speculators.

4. In 1939 the Late Mr Hancock and his associates constructed primitive Asbestos Crushing Plant on the site which became known as the Wittenoom Mill.

5. In 1943 CSR purchased the Leases and primitive Mill structure from Hancock Syndicate (Messers Lang Hancock, Wright & Warren).

6. Mr Lang Hancock became Superintendent of the Blue Asbestos Mining and Milling operations.

7. The company was incorporated on the 17th April 1943 and continued its operations of Asbestos Mining and Milling at Wittenoom and Colonial Gorges until 30th December 1966.

8. CSR and its subsidiary ABA operated 2 mines and Infrastructure at Wittenoom from 1943 to 1966.

9. The processed Blue Asbestos fibre was transported to Point Samson on open trucks.

10. The Blue Asbestos fibres were stored in sheds at Point Samson and loaded onto Ships.

11. About half of the Blue Asbestos fibre production at Wittenoom was sold to overseas interest and the rest was used in Australia.

Wittenoom Blue Asbestos Mine and Mill

1. To accommodate the Mine and Mill workers, tents were erected approximately a kilometre from the Mill.

2. Staff and other more important employees were accommodated in a small estate of 13 houses about 600 metres from the single men’s tents.

3. Offices and the company store were located between the single men’s tents and the housing estate.

4. Up to 1947 there were up to 200 Miners and Mill workers employed to carry out the Milling and Mining Operations.

5. To increase the production of asbestos fibre CSR approached the WA Government for assistance to establish a town 7 miles from the Mining and Milling Operations to accommodate additional workforce.

6. The WA Government agreed to supply all housing requirements, a school, post office, hospital, police station, water supply and to bitumise the seven mile road connecting the town with the mine.

7. CSR agreed to provide hotel, general store, butcher, bakery, cafeteria, library, café and employees amenities building and accommodation for 100 single men.

8. The building commenced in 1947.

9. Wittenoom Population

10. During the asbestos mining and milling operations the population of the town of Wittenoom was around 20,000 which included workers, wives, children including numerous service providers like bank, police, post office, hotel staff, shire and medical.

Did You Know?


There is absolutely no question that CSR knew that asbestosis and cancer were extremely likely results of working in conditions such as those they permitted in Wittenoom. (CSR’s knowledge was established in the Victorian and Western Australian courts through the judgements of asbestos-caused injury litigation).

During the mining operations, more than 20,000 men, women and children lived at Wittenoom. Some of the workers sent there were part of the Commonwealth Government policy to place new migrants for a period of two years in any work situation.

Dr Jim McNulty AO visited Wittenoom milling and mining operations between 1957 and 1962 in his capacity as a chest physician, mines medical officer.

In 1962 Dr McNulty diagnosed the first mesothelioma case in Australia in a worker employed at CSR’s blue asbestos mine at Wittenoom. Upon diagnosing this first Australian mesothelioma, Dr McNulty personally explained its significance to CSR’s subsidiary management (Australian Blue Asbestos Pty Ltd) stating “that the relatively short period of exposure to blue asbestos confirms the impression that these tumours may arise after transitory exposure to crocidolite.” He also sent them a copy of his paper describing the case which was published in the Medical Journal of Australia.

Dr McNulty is adamant that CSR was always aware that if it continued to run the mine without adequate dust suppression, they could be endangering the Wittenoom mine and mill workers to a very grave degree.

One of the strongest warnings was given in writing to CSR’s consulting doctor, Maynard Rennie, by West Australian specialist Dr Bruce Hunt on September 25 1961. He wrote, “It would obviously be much more satisfactory if the company (CSR) itself took the necessary action – which I suggest should start with an inspection by yourself and by a well qualified ventilation engineer. After examining the evidence which has been produced for you I find it very difficult to believe that a reputable public company (CSR) could remain in its apparently self satisfied state and continue to allow the asbestos

mining industry to go on killing men unfortunate enough to be employed in it. If however the present situation is to remain unaltered I feel it my bounden duty to bring the matter to the personal attention of the Premier.”

In 1962 the matters of poor hygiene and excessive dust at the CSR Wittenoom mine and mill were brought to the attention of Premier and Cabinet of the day. Sadly, no action was taken because apparently CSR threatened to close the mine if additional restrictions were to be placed upon their mining and milling of blue asbestos at Wittenoom.

It would appear that despite the many warnings from doctors and mining inspectors, CSR continued to run the mine and milling operations with little regard for dust suppression, which is now considered to be the reason for many premature deaths of former Wittenoom workers many years later.

During the 1970s Dr Janet Elder, Senior Chest Physician at the University of Department of Medicine at Sir Charles Gairdner Hospital, was horrified by the speed with which the new cases of mesothelioma and other asbestos-caused diseases were developing amongst the former Wittenoom workers. “The dreadful tragedy,” she recalls, “was that so many of its victims were very young and very fit when they went there [Wittenoom].”

CSR blue asbestos mining and milling at Wittenoom has had a significant impact on all Australians. Western Australia in particular has the highest rate of malignant mesothelioma than any State in Australia or elsewhere in the world per capita of population.

In response to CSR’s notice of closure of Wittenoom mining and milling operations, the Hon. Charles Court, Minister for North West at the time made the following statement to the press on the 1st December 1966 : “This is not the end of Wittenoom. It is the beginning of a new phase in its history.”

The Hon. Sir Charles Court was absolutely right and more than 2000 Wittenoom asbestos diseases deaths are the corroborating factor.


POLITICS

White House Relocates Top Aides for Asbestos Abatement Project...................................................................................

An asbestos removal effort is underway at the White House to rip out materials that could be hazardous.

The work is being done on the ceilings and attic spaces in the West Wing’s second floor, where aides to President Donald Trump, including his daughter Ivanka Trump, senior counselor Kellyanne Conway, policy adviser Stephen Miller, top economic adviser Larry Kudlow and members of the White House legal team, have offices.

Those staff members relocated during the work.

The abatement work, which should be completed by the end of August, will cost about $250,000, according to Pamela Pennington, press secretary for the U.S. General Services Administration.

“The building has been, and remains, safe for occupancy as this work is being done as a precautionary measure,” Pennington said.

Additional work will continue through early September as GSA completes the installation of new ceilings, LED lighting, electrical wiring, smoke detectors, sprinkler heads and fire alarms throughout the second floor of the West Wing, Pennington said.

Did You Know?


The Society at Work

18.6.19 Redlands Morning Tea 22.6.19 Silicosis Forum (Gold Coast)

26.6.19 Winter Newsletter Mailout 10.7.19 Hervey Bay Support Group

16.7.19 Warwick Morning Tea 18.7.19 Gold Coast Support Group


The Society at Work

30.7.19 Gladstone Morning Tea 1.8.19 Hervey Bay Morning Tea

8.8.19 National Support Group Meeting 15.8.19 Cairns Support Group

5.9.19 Chermside Support Group 16.9.19 Symposium Invitation Mail Out


3.8.19 Silicosis Forum (Sunshine Coast) 5.8.19 Gympie Morning Tea

28.8.19 Logan Morning Tea 3.9.19 Beta Sigma Phi Charity Lunch

18.9.19 ADSS Charity Race Day 26.9.19 North Lakes Morning Tea


Support Those Who Support The Society

Corporate Sponsors

The contact details for all of our corporate sponsors and corporate members are available by ringing

the ADSS office on 1800 776 412

Donation NowADSS is an endorsed charity (ABN 29 150 479 514).

Donations of $2.00 or more are tax deductible.We thank all members for their ongoing support.

Australian Manufacturing Workers Union (AMWU)Aztech Services Australia Pty Ltd

Demolition & Asbestos Industry Association (QLD) Inc.

Building Employees Redundancy Trust (BERT) Construction Income Protection Limited (CIPL)

Construction Forestry Mining Energy Union (CFMEU) - Mining & Energy Division

DOTS Allied Health Services Pty LtdElectrical Trades Union

Electro Group Training Group LimitedFuture SkillsGordon Legal

GBAR Group

Keys Human Resources

Office of Industrial RelationsPlumbers Union QLD

Queensland Council of UnionsQueensland Nurses & Midwifes Union

The Construction Training Centre (CTC)United Voice

WH & S More SkillsX Vend

Corporate Members

Thanks to QLD Health for providing funding to ADSS to help carry on our services.

Gumdale Demoltion Pty Ltd

Maritime Union of Australia (MUA)

spring 2019 - adss · australia both mined and imported asbestos, which was used in the...

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