“The defendants knew or ought to have known that, by exposing the plaintiff to large quantities of RCS [respirable crystalline silicosis], that he was at risk of serious illness and death,” wrote Scotting, adding the companies could have implemented a number of “high order” safety measures.
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“The overwhelming cause of the plaintiff’s condition was the egregious breaches of duty committed by each of the plaintiff’s employers.”
A 2023 investigation by the Herald, The Age and 60 Minutes exposed serious health risks for tradespeople working with engineered stone, prompting bans on manufactured stone benchtops, panels and slabs containing at least 1 per cent silica.
Curtin University research published in 2022 has forecast up to 103,000 Australians will develop silicosis after being exposed to the deadly dust at work.
Bennett declined to comment. But he told the Herald in early 2023 about being advised by his doctor that he had advanced silicosis, and was told the diagnosis meant he needed to quit the highly remunerated tunnelling work immediately.
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“I broke down in tears in that doctor’s office,” he said. “I was at a crossroads. I didn’t know what to do. It was just too much to take in.”
Bennett told the court he was yet to tell his 12-year-old daughter because she was too young to understand, and he was concerned how she might react.
“I don’t know how to tell her. I will one day, but yeah … ,” he said in 2023.
Bennett, who continues to work in Brisbane on the Cross River Rail Project, described how, for most of his career, he was provided minimal protective equipment and little information about the dangers posed by drilling through rock with high silica content.
“For most of the exposure period the plaintiff was provided with a paper face mask, which for the reasons given, provided little, if any, protection,” the judgment stated.
Maurice Blackburn principal lawyer Jonathan Walsh, who represented Bennett, said the judgment was precedent setting and a “bellwether case to demonstrate to workers that courts will reasonably compensate you”.
Scotting’s judgment swiftly dismissed the argument proffered by tunnelling companies that the best available respiratory equipment was a “panacea” for dealing with dust diseases, Walsh said. It would put companies and governments on notice that significant safety improvements were required.
“It’s not that this technology needs to be invented. It already exists. It’s about will and whether these companies are willing to adopt these changes. Or the law needs to be vastly improved to force these companies to adopt these technologies,” he said.
Also representing 30 tunnelling workers diagnosed with silicosis, Walsh said the case was likely to be just the beginning of what could be hundreds of cases in the tribunal.
The contractors have been contacted for comment.
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