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Victoria ‘leading the way’ with new silica dust regulation

A lawyer and silicosis advocate has written to ministers in all jurisdictions to urge them to implement reforms to protect those working with deadly silica dust.  

user iconLauren Croft 24 March 2022 Big Law
Roger Singh
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Roger Singh, national litigation specialist at Shine Lawyers, recently used a speech to the Australian Lawyers Alliance to implore state and territory governments to follow Victoria’s lead in introducing a licensing scheme to protect stonemasons, construction and mining workers from deadly silica dust. As a result of his lobbying, silicosis is now recognised as a workers’ compensation injury in some jurisdictions.

In June last year, Victoria announced that lung cancer with silicosis and scleroderma with silicosis would be added to the state’s list of proclaimed diseases, meaning workers would no longer need to fight to be eligible for workers’ compensation under the Workers’ Compensation Act.

Silicosis is a long-term lung disease caused by crystalline silica – which is often found in certain types of engineered stone as well as rock, sand and clay. People who work with these materials, including stonemasons who cut engineered stone into kitchen benchtops, create a fine dust that is easily inhaled.

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This news followed years of lobbying by Shine Lawyers and infected workers – the firm launched a series of lawsuits against global minerals company Unimin earlier this year after seven former workers were diagnosed with a range of diseases linked to toxic dust exposure at two of its Melbourne-based silica milling factories.

“We must continue to lobby and agitate to protect workers from archaic work practices,” Mr Singh said in his speech.

“It beggars belief that in modern-day Australia we are still seeing workers employed in dust-ridden conditions with their lives at stake. It’s a national disgrace.”

Mr Singh’s work has also served to highlight the connection between silica exposure and autoimmune diseases like scleroderma and rheumatoid arthritis, where such association, unlike the case with silicosis, has not been readily recognised.

Speaking to Lawyers Weekly, Mr Singh said that whilst he is honoured his work resulted in legislative change, he is more pleased that the “necessity for a licensing scheme has been embraced as a key measure to protect workers”.

“Only those businesses that qualify for a license by demonstrating adherence to stringent workplace health and safety practices, such as wet cutting processes, effective respiratory protection and dust extraction systems, shall be permitted to handle and fabricate engineered stone. Additionally, manufacturers of engineered stone will only be entitled to supply their product to license holders. This measure will go some way to safeguarding against occupational exposure and silica-induced lung disease in the form of silicosis and also autoimmune conditions such as scleroderma and rheumatoid arthritis, which, unlike silicosis, have not been readily associated with silica exposure,” he explained.

“For me, it’s not just about representing workers in their individual claims but also about lobbying for change where we might see a systemic wrong that must be remedied. Through my work, I am proud to have been involved in the lobbying for the creation of safer workplaces to better safeguard against the hazards associated with engineered stone.”

Mr Singh also commended the Victorian government for “leading the way” in terms of rolling out a licensing scheme – and said that it is important for lawyers to continue advocating for causes they believe in.

“I have worked in the field of dust diseases litigation throughout Australia for over two decades. It is an area of law that I am passionate about, the work that I undertake on behalf of workers and families impacted by occupational exposure is a labour of love,” he added.

“I am proud to be part of a profession which affords an opportunity to make a positive difference to the lives of those that we are entrusted to represent, one client at a time. However, beyond that, it is important to bring our influence to benefit those communities to which our clients belong by lobbying and agitating for positive change – for me, that is our calling and this is our duty.”

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