$400k fine issued for exposing workers to silica dust

WorkSafe Victoria has issued a heavy fine after a company was found to have exposed its workers to silica dust.

Sibelco Pty Ltd was sentenced in the Wonthaggi Magistrates' Court after pleading guilty to two charges of failing to provide or maintain plant or systems of work that were safe and without health risks.

The company was convicted and fined $200,000 for each charge and was also ordered to pay $20,799 in costs. It was revealed in court that Sibelco operated a Nyora sand quarry and mill that produced silica-based products, including silica flour, sand and gravel.

Workers were required to manually operate a machine, which was different for each material, to fill and palletise 25kg bags of product for transportation to customers.

During the process of bagging silica flour, workers described moments when plumes of silica dust would escape from the bags at head height, and also that faulty bags would often burst, leaving the machine operator covered in material.

According to the Cancer Council, exposure to silica dust can lead to the development of lung cancer, kidney disease and chronic obstructive pulmonary disease. Another issue is silicosis, which is the irreversible scarring and stiffening of the lungs. Several of the workers were placed at risk between 2012 and 2020, including two who have since been diagnosed with silicosis.

It is estimated that 230 people develop lung cancer each year as a result of exposure to silica dust at work. Not all exposed workers develop cancer. However, cancer risk increases with long-term or repeated high-level exposure.

The court heard it was reasonably practicable for Sibelco to reduce the risk of exposure to crystalline silica dust by having automated bagging and palletising systems in place, including an automated and enclosed bagging machine and the use of a robotic palletiser. These systems would have protected workers from exposure, and shown a direct action to keep them out of harm's way.

WorkSafe executive director of health and safety Sam Jenkin said there was no excuse for putting workers at harm over a prolonged period.

"The risks associated with crystalline silica were well known and the company was also aware of the available measures to better protect their workers," Jenkin said.

"Insidious diseases like silicosis do not discriminate so it is critical that employers continuously review and update their systems and processes to ensure they are best practice."