executive resolution
4 December 2007 – Passed Unanimously.
Asbestos/Bernie Banton Resolution
The Executive expresses deep regret at the death of Bernie Banton as a result of asbestos exposure while working at James Hardie. Executive expresses its condolences to the Banton family. The courage, commitment, and campaigning capacity of Bernie Banton are legendary. Despite his debilitating and terminal illness, Bernie played a key role in bringing James Hardie to justice through his contribution to the negotiating team and his high profile and effective public advocacy for justice. Bernie will be sadly missed and his struggle on behalf of sufferers of asbestos disease must continue. The Executive wishes to thank the Banton family for their support for the public campaign to rid Australia of asbestos and provide justice to victims of asbestos related disease.
According to Professor Henderson of Flinders University, by 2020, there will be an estimated 13,000 cases of mesothelioma in Australia. A further 40,000 Australians will contract asbestos related cancer. These figures fail to expose the tragedy, suffering, and devastation experienced by Australians who contract asbestos related disease. Families and friends are forced to witness their loved ones die a horrible and excruciatingly painful death. Everyone who is touched by this horrible disease become victim of a health and safety disaster that could have been avoided if business and government had acted more decisively, openly and honestly. Every step should be taken to minimise the death and suffering from asbestos exposure. Decisive action should be implemented to ensure future Australians are not exposed to asbestos and the risk of contracting asbestos related disease is minimised and then removed.
ACTU Executive therefore calls for, as a matter of urgency, the new Rudd Labor Government to institute a national inquiry into asbestos and asbestos related disease.
The terms of reference should be wide and include but not be limited to:
· The identification of asbestos products in housing, public buildings, hospitals, schools, libraries, office blocks and factories.
· The development of a national register of asbestos contaminated infrastructure including public and privately owned residential housing.
· A national program to accelerate and remove asbestos from existing housing, public infrastructure and industry.
· The need for a national education and communication campaign designed to increase understanding and awareness of the dangers of asbestos exposure.
· The need for financial support for asbestos disease support groups such as the Asbestos Disease Foundation of Australia and the proposed Bernie Banton Fund.
· The harmonisation and improvement of medical support, financial compensation and innovative treatment for victims of asbestos related disease.
· The implementation of national corporate manslaughter and homicide laws for employers engaged in gross negligence leading to the death of an individual through exposure to asbestos.
· The development of fast track legal compensation and remedies against employers exposing workers to asbestos.
· The financial responsibility of the companies concerned in compensating victims, educating the public, and removing asbestos within Australia.
· The effectiveness of the national corporations law to deal with employers seeking to avoid financial responsibility for the health and safety of their employees and former employees and compensation for work related death or disability.
· The resources needed to provide Australian leadership in research and development designed to produce state of the art, innovative and effective treatment and cures for sufferers of asbestos related disease.
· The resources required to ensure that the Bernie Banton Centre at the Concord Repatriation Hospital becomes an internationally recognised centre for excellence in researching cures for asbestos related disease.
The ACTU congratulates the New South Wales Iemma Government for its funding and support of the Bernie Banton Centre. Executive resolves that the ACTU, in conjunction with other organisations, should take the lead role in the establishment of a “Bernie Banton Fund” to undertake further research into and the treatment of asbestos related occupational diseases. Such activities could be co-located with the Bernie Banton Centre or at another major public hospital. The Fund would be established through an appeal for public and corporate donations and the Rudd Government would be requested to make available both tax deductibility and matching grants.
The ACTU also believes that the Rudd Government should develop appropriate standards in relation to asbestos use and contamination within Australia. This is a public health issue of massive proportions and should be a priority for the new Federal Labor Government and all state governments.
The ACTU further calls on the Rudd Government to ratify the ILO convention on occupational cancer, C139 and the ILO's chemical convention C170.
ACTU notes the resolution agreed at the ILO's 2006 conference which clarified the purpose of the asbestos convention. It said "the elimination of the future use of asbestos in the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos related death".
The 2006 resolution added the convention "should not be used to provide a justification for, or endorsement of, the continued use of asbestos." It instead called for efforts "to promote the elimination of future uses of all forms of asbestos and asbestos containing materials”.
ILO's chemical convention, C170, called on employers to assess the exposure of workers to hazardous chemicals; monitor and record the exposures where necessary; and maintain adequate records and ensure they "are accessible to the workers and their representatives".
The Executive looks forward to working constructively with the new Federal Labor Government to improve the health and safety of all Australian workers.
Moved:
Seconded:
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