Andy Alcock

Barnaby Joyce going onto the front bench should be no surprise to people who take a responsible attitude to caring for our environment. How many more supporters of “clean coal”, nuclear energy and the flat earth theory will make it onto the front bench in the near future?

Given the election of mad monk, Tony Abbott, to the leadership of the Liberal Party & Opposition, I am worried that if he ever becomes PM, he will try to make membership of the following organisations mandatory:

• the FES (Flat Earth Society)
• the CMA (Constitutional Monarchy Association)
• the CCDL (Climate Change Deniers League)

And maybe even the League of Rights.

Seriously though, let’s hope that most Australians are environmentally responsible and not silly enough to vote for the Liberal Party while Tony Abbott and his fellow troglodytes hold sway.

The Liberal Party in this country has rarely supported liberal values throughout its history, but it has never been so right wing as it is today. It must be extremely difficult for the true liberals in that party at the present time.

It’s bad enough having a Labor Party that isn’t a true labour party and that is currently quite happy to sell out the OH&S human rights rights of ordinary workers. At least, ALP MPS have done some homework on climate change and are aware that something needs to be done about it even if their strategies are woefully inadequate.

The Climate Change Deniers have had a great victory this week and made Australians look stupid on the international stage and more importantly delayed urgent strategies to make the earth’s environment safer for future genereations.

I recently heard an episode of ABC Radio National’s program, The Book Show.

It was a recording of a speech given at the Cheltenham Writers’ Festival by UK historian, Tristram Hunt, about his book about Friedrich Engels, “The Frock Coated Communist”.

It was a particularly insightful program in that it describes the environment in which Engels lived and how his experiences in the factories and slums of England and Germany during the Industrial Revolution provided provided much of the material that would later be used by Karl Marx in “Das Kapital” and shows how some of the profits of the Engels’ factory helped to support the Marx family as Karl did his writings.

I thought it also raised questions about present day capitalism in the era of Economic Rationalism and the implications for the environment, workers’ OHS&W, pretentious greed and the conditions for workers – especially in the developing world.

Engels was a great admirer of Karl Marx’s intellect and wanted to assist to spread his writings  to make social change for the betterment of humanity. He saw the living and working conditions of workers in both western industrial society and the third world.

Below is a synopsis of the book that I found on the internet.

At present it is available in hard copy at 25 Pounds Sterling.

The entire talk is on the following web site: www.abc.net.au/rn/bookshow/default.htm

I hope you find it interesting too

A la lucha continua!

Andy Alcock

SYNOPSIS

Friedrich Engels is one of the most attractive and contradictory figures of the nineteenth century. Born to a prosperous mercantile family in west Germany, he spent his career working in the Manchester cotton industry, riding to the Cheshire hounds, and enjoying the comfortable, middle-class life of a Victorian gentleman. Yet Engels was also the co-founder of international communism – the philosophy which in the 20th century came to control one third of the human race. He was the co-author of The Communist Manifesto, a ruthless party tactician, and the man who sacrificed his best years so Karl Marx could write Das Kapital.

Tristram Hunt relishes the diversity and exuberance of Engels’s era: how one of the great bon viveurs of Victorian Britain reconciled his raucous personal life with this uncompromising political philosophy. Set against the backdrop of revolutionary Europe and industrializing England – of Manchester mills, Paris barricades, and East End strikes – it is a story of devoted friendship, class compromise, ideological struggle, and family betrayal.

‘Tristram Hunt relishes the diversity and exuberance of Engels’s era: how one of the great bon viveurs of Victorian Britain reconciled his raucous personal life with this uncompromising political philosophy. Set against the backdrop of revolutionary Europe and industrializing England – of Manchester mills, Paris barricades, and East End strikes – it is a story of devoted friendship, class compromise, ideological struggle, and family betrayal. The Frock-Coated Communist combines history and ideas in an exceptionally enjoyable biography which at last brings Engels out from the shadow of his famous friend and collaborator.’

BOOK REVIEW:   
“KILLER COMPANY – JAMES HARDIE EXPOSED”
BY MATT PEACOCK
ABC BOOKS
390pp – $Aus35
REVIEWER: Andy Alcock

In his brilliantly researched book, Killer Company, ABC journalist Matt Peacock exposes the criminal history of the Reid family and others involved in the management of the asbestos manufacturing company, James Hardie.

Peacock details how JH pursued policies very similar to the tobacco companies when they realised that smoking had serious health problems. JH managers tried to cover-up the dangers of asbestos, failed to warn employees and the public of the dangers, concealed the health problems being suffered by their employees and the users of  their products, dumped wastes in a very negligent and dangerous way, pressured governments and health authorities not to act, behaved extremely harshly towards its victims when they sought compensation and when the number of claims substantially increased, it sneakily transferred its parent company overseas to Holland and left a foundation behind to provide compensation for victims that was underfunded.

The behaviour of JH and other asbestos companies has led to a situation where tens of thousands of Australians have died or are dying from asbestos-related diseases. They are asbestosis, a dusty lung disease; lung cancer and mesothelioma, a very cruel cancer of the middle lining of organs, but mostly affecting the lungs. The well-known anti JH campaigner , Bernie Banton, died from from mesothelioma after suffering from asbestosis.

Because JH had asbestos production and sales of its products overseas, this massive human tragedy will also affect people other than Australians.

Matt Peacock first investigated asbestos issues in 1977 when he received a media award for producing a series of programs for ABC Radio that looked into a number of areas where asbestos was causing problems – eg Wittenoom, Baryulgil, JH factories in various Australian states, Melbourne suburban rail cars etc.

“Killer Company” provides us with a detailed history of JH criminal behaviour and how it was exposed. It examines how working class heroes like Bernie Banton, the union movement, victims groups, and the legal firms Slater and Gordon and Turner Freeman struggled to expose the dangers of asbestos dust and to win compensation for the victims and their families. It also identifies some union leaders who went along with JH.

Owners of industry often blame unions and left wingers for promoting the concept of a class war in society. On reading Peacock’s extraordinary book, ordinary workers can be forgiven for believing in a class war. “Killer Company” clearly shows that JH directors were criminally negligent and showed no humanity or compassion for their victims and no remorse for their crimes.

It is to be hoped that we learn the lessons from the asbestos tragedy. It is crucial that unions, environmental and consumer groups are on their guard to ensure that people are protected from the health problems from asbestos dust and other hazardous agents that exist in our workplaces.

The publication of this book comes 2 years after the defeat of the Howard government and its WorkChoices policy. This defeat was largely due to the very strong campaign organised by the ACTU against WorkChoices. It should be remembered that a side issue of this campaign was justice for asbestos victims. Bernie Banton figured prominently in this campaign while on his death bed, fighting for justice for fellow victims and forcing Tony Abbott to make the anti cancer drug, Alimta, freely available to sufferers of mesothelioma.

Many unionists would be aware that the Rudd government has retained much of WorkChoices in its Fair Work Act. Many do not seem to be aware that the government’s review of the OH&S laws around the country could lead to a situation where these laws are very likely to be seriously watered down. To prevent any more tragedies arising from work hazards, it is to be hoped that the union leaders in Australia mount a similar campaign to the one that was conducted in lead-up to the 2007 federal elections to demand effective OH&S laws around the country.

After all, our OH&S rights at work are worth fighting for too!

SOME BACKGROUND

From the middle 1970s to the early 1980s, I taught at Taperoo High School, a working class suburb which is part of Port Adelaide. A group of teachers decided that it was important to establish a general health course as this subject was not being presented in a cohesive manner to our students. It is now has the more impressive name Ocean View College even though it is on the edge of St Vincent’s Gulf and not the Southern Ocean.

I approached the Education Department’s health resouce centre for materials and we were presented with a health education manual and made an unofficial pilot school in a health education project. The Health faculty was originally managed in a collective way and all teachers involved discussed all topics of the course beforehand and shared the resources that members of the team developed.

One topic of the course was Environmental Health. When we came to present this topic, we all decided that we needed to consider the environment of Taperoo, which included the Hardie’s asbestos plant at Largs North, chemical and acid production, fertiliser works, oil storage, cement factory etc. Students lived near these industrial sites and their parents worked in them.

I was given the task of preparing a booklet entitled “Environmental and Occupational Health”

We received a great deal of support from parents for including this topic and giving their kids information about the hazards that existed in the environment in which they lived and worked.

The ABC printed a book which contained the transcripts of all of the programs that Matt Peacock produced on asbestos. I used this book with my health classes.

The Aboriginal students, in particular, found the program on Baryulgil extremely interesting as the bulk of the workers at that mine were Aboriginal. At that time, Taperoo HS was reputed to have more Aboriginal students than any other school in South Australia. All the case studies presented by Peacock were horrifying, but the tragedy at Baryulgil was that the mine was near the school and the residential area of the town. Scores of those workers died between the ages of 40 -50 years of age and the NSW Health Commission did not bother to carry out post mortems.

In doing my research for the booklet, I visited the offices of the Waterside Workers’ Federation and the Seamen’s Union of Australia (now combined as the Maritime Union of Australia). One wharfie I met told me about the conditions under which they worked.who explainsed that after they emptied the holds of ships bringing chrysotile asbestos from South Africa, his job was to shovel the dust  into bags. He told me that the air was so thick with asbestos dust that he could not see the workmate who was holding open the bag that he was filling.

Someone must have advised the health faculty of the Sturt College of Advanced Education (now part of Flinders University) as we were contacted by them to make a presentation to their education students in 1979 and to be involved in preparing an exhibition for the 1979 Australian and NZ Association for the Advancement of Scence conference at the University of Adelaide.

Students prepared their own posters about particular occupational and environmental hazards and we listed many of the pollutants that were being produced by industries in the Taperoo and Port Adelaide areas. One Education Department manager was concerned about the project because he thought it might affect the school’s work experience program. It turned out that some of our students had worked at the James Hardie plant. When questions were raised about this, we were told that they only worked in the office! I have heard of cases where office workers in asbestos mines and plants have suffered asbestos dust-related diseases.

Several years later, I became an organiser for the SA Institute of Teachers (now the Australian Education Union – SA Branch) and I was given a focus for OH&S, probably due to my experiences in teaching health at Taperoo and Port Pirie. I went on to become the Education Department’s Coordinator for OH&S and subsequently worked for SAIT and the PSA/CPSU as an OH&S officer for a total of about 20 years. I also spent several years as a trainer of H&S Representatives and a United Trades & Labour Council/SA Unions delegate on the ACTU OH&S Committee.

I mention this because I think there is a need for the leaders of the union movement in Australia to take OH&S far more seriously than they presently do.

Each year in Australia, 8000 die from work-related injuries and disease. Of these deaths, about 450 – 500 are due to traumatic accidents; the rest are caused by disease. A huge percentage of this number are dying from exposure to asbestos dust.

This fact alone should mean that the ACTU campaign calling for effective safety laws in Australia should be as well resourced and promoted as the WorkChoices campaign leading up to the 2007 federal elections. If this does not happen, the Rudd government will seriously water down our OH&S laws.

OUR OH&S RIGHTS AT WORK ARE WORTH FIGHTING FOR TOO!

DON’T RISK SECOND RATE OH&S LAWS

As a person who has worked in the area of OHS&W for over 30 years as an educator, public servant and union OH&S officers, I agree wholeheartedly with the call to prevent workplace deaths in Australia.

I think that it is important to be aware, however, that most work related deaths do not occur in workplaces. They occur in workers’ homes and hospitals because the biggest cause of work related death in Australia is due to disease and most of this is due to exposure to asbestos dust which causes lung cancer, mesothelioma and the very nasty dusty lung disease, asbestosis.

In Australia annually, approximately 8000 workers lose their lives from work-related causes. About 400 die from traumatic workplace accidents and the rest die from work-related diseases.

Cancer is actually is actually the biggest killer of workers worldwide. As a result of this, the International Trade Union Confederation (ITUC) has been conducting a campaign since 2007. Sadly, the union movement in Australia has  been very slow to strongly promote this campaign to .

In my opinion, this is true of the ACTU  “Don’t Risk Second Rate Safety Laws” campaign too.The early rallies in some centres attracted very small turnouts and we all need to promote this important campaign.

During the lead-up to the 2007 federal elections, the union movement held huge rallies to protest against Howard’s WorkChoices. We need even greater support if we are to be successful in this campaign because many unions are not as committed to improving OHS&W as they are to making gains in other conditions.

This has to be a priority task for the Australian union movement if we are to ensure that we achieve the highest standard of OHS&W legislation that is needed to reduce work-related deaths in this country.

YOUR OH&S RIGHTS AT WORK ARE WORTH FIGHTING FOR TOO!!!!!!!

Below is some information I presented to PSA/CPSU members last year during Safe Work Month to promote the
Zero Occupation Campaign. Readers will also see that there is to be a one-day conference in the ACT about occupational cancer in December this year , which is being jointly sponsored by the ACTU and the Australian Cancer Council.

This should be supported by all unions.

Further, I think that it is important that more is done to promote the ACTU Union Charter of Workplace OH&S & WC&R Rights.

This Charter of Rights views OHS&W & WC&R as basic human rights for workers and sets out the rights and responsibilities of all workplace parties in the provision of decent and fair health, safety, compensation and rehabilitation systems and practices within Australian workplaces.

The Charter has been in existence since before the 2007 elections and was meant to be used as an election strategy by having candidates commit to the principles in it.

At the 2008, ACTU OH&S Conference, I challenged Deputy PM Julia Gillard to publicly commit to the Charter. She refused! And she is now determined to water down our OHS&W laws in Australia.

I think the Charter can be a very powerful tool in our campaign to improve OHS&W laws in Australia. We need to get all politicians and employers to commit to the principles contained in it.

Our OHS&W rights at work are worth fighting for too!!!

Andy Alcock
OH&S activist

ACTU/ITUC ZERO OCCUPATIONAL CANCER CAMPAIGN IN AUSTRALIA

The campaign will highlight that:

• Occupational cancer causes over 600,000 deaths a year – this means one death every 52 seconds, making up almost one third of all workrelated deaths.
• Over 1.5 million workers are exposed to carcinogenic substances
• Over 13% of all cancer deaths in Australian males are caused by occupational exposures
• Governments at all levels can do more to prevent these exposures and diseases, including developing a comprehensive national cancer strategy and specifically doing more to address asbestos related issues
• Regulators, such as SafeWork SA & the ASCC (Australian Safety & Compensation Council), can do more to improve the health and safety laws, whilst improving the enforcement of the laws that we already have Global Action is still needed to stop the mining and export of asbestos by Canada.

A global union and community campaign is urging the Canadian government to stop the mining of asbestos. Go to www.ohsrep.org.au or www.rightoncanada.ca

The ITUC launched the Zero Cancer campaign in Geneva, Switzerland on 23 March 2007 when it released an occupational cancer prevention guide for workers. Go to:

www.imfmetal.org/cancer

The campaign involves 11 global trade union organisations representing over 300 million members in more than 150 countries.

Speaking at the launch, International Metal Federation (IMF)’s General Secretary Marcello Malentacchi said:

“Asbestos alone accounts for an estimated 100,000 deaths each year and yet there is no worldwide ban on its use. Despite occupational cancer being the single largest cause of workrelated deaths, the risks have been downplayed by governments, health and safety enforcement agencies and employers. The end result has been a wholly preventable epidemic of cancers.”

“Occupational Cancer/Zero Cancer: a union guide to prevention” provides information about workplace cancer risks and advice on practical steps workers and unions can take to make workplaces safer and is being distributed with action guidelines to unions worldwide.

LOCAL ACTION:

Workplaces are encouraged to conduct activities on the day as well. Materials are in the process of being developed for this purpose. Could unions advise of any activities that you are planning for workplaces? We would like to promote them on the OHS Reps website and also ensure they are forwarded through to the Hazards website, which collects information about actions happening globally and promotes them.

ZERO OCCUPATIONAL CANCER CAMPAIGN
KNOW CANCER IN THE WORKPLACE

A National Forum on Cancer & the Australian Workplace (organized by the ACTU & the Cancer Council Australia)

DATE: THURSDAY 10 DECEMBER 2009
VENUE: UNIVERSITY HOUSE
AUSTRALIAN NATIONAL UNIVERSITY
CANBERRA

For more information, contact: education@cancerwa.asn.au

International Keynote Speakers:

• Pam Eliason (Toxic Reduction Institute University of Massachusetts)
• another to be confirmed

NOTE: Organisers are calling for others who might wish to deliver papers

 Contact the ACTU OH&S Unit

……………………………………………………………………………………

ACTU UNION CHARTER OF WORKPLACE OH&S & WC&R RIGHTS

1. Workers

Every worker has the right to:

• A safe and healthy workplace
• Travel to and from work in safety and with appropriate protections
• Return home from work free of injury or illness
• Enjoy retirement without suffering adverse consequences of workplace injury or illness
• Enjoy the highest level of protection, representation, compensation and rehabilitation, regardless of the jurisdiction within which they work
• The highest level of protection to prevent injury illness and disease
• Take collective action over any health and safety matter, including the right to cease unsafe or unhealthy work
• Discuss, negotiate and be consulted and involved in all issues affecting their health, safety and welfare

2. Representation

Every worker has the right to be represented on health, safety, compensation, rehabilitation and return to work issues, by their elected Workplace Health and Safety Representative and their union. Every worker has the right to elect health and safety representatives.

Unions have the right to:

• Enter workplaces on health and safety issues
• Investigate breaches of health and safety laws
• Represent members and prospective members
• Initiate investigations and prosecutions for occupational health and safety breaches
• Initiate cessation of work in unsafe areas
• Access all relevant information and reports Workplace Health and Safety Representatives have the right to:
• Be democratically elected by a process determined by workers, in conjunction with their union
• Utilise legal rights and powers to represent workers on health and safety matters
• Inspect the workplace
• Access relevant information and be informed of all incidents
• Be consulted by the employer before workplace changes occur that may affect health and safety
• Issue notices when breaches are detected
• Call in government inspectors
• Direct workers to cease work where there is a belief of immediate risk to health and safety
• Seek resolution of health and safety issues
• Perform all OHS activities on paid time and have adequate facilities
• Be assisted by any person at any time
• Be protected by law from discrimination, harassment, bullying, intimidation and prosecution
• Access training of their choice in paid work time
• Appeal any decision of a regulator or court regarding any health and safety, compensation or rehabilitation matter

3. Discrimination and Bullying

All workers (or prospective workers), including health and safety representatives, will be protected by law from discrimination, harassment, bullying or detriment to their employment because they have raised a health and safety issue, lodged a compensation claim or been involved in consultation on workplace health and safety matters.

4. Employer Responsibilities

Persons who control , manage or own workplaces have an absolute duty of care without limitation to provide and maintain safe and healthy work environments. Employers will not shift jurisdictions to attempt to avoid their OHS and workers compensation responsibilities and obligations. Employers are subject to all the obligations and responsibilities contained within this Charter.

5. Role of Regulator

OHS law must be effectively enforced by regulators in all jurisdictions. The regulator must also consult and provide information, support and advice to all workplace parties, including unions. They must ensure that workplace representatives are supported and protected and bring prosecutions in a timely, appropriate and courageous manner. Regulators will actively monitor self-insuring companies and ensure transparency and fairness of their workers compensation and return to work systems. An inspectorate must be adequately resourced, pro-active and willing to fulfil an enforcement role as well as an advisory role.

6. Compensation

Following a physical or psychological injury, all workers have the right to a fair, just and equitable compensation system, which promotes the best medical and like support, the most effective rehabilitation for injured workers and facilitates a safe return to work that offers genuine job security.

Workers’ compensation standards are to:

• Be available to all members of the workforce
• Provide compensation for all injuries that arise from travel to, from or during work including and during recess breaks
• Be available upon the death of a worker and for dependants of that worker
• Be based on the 100% replacement of loss of income
• Provide total cost of medical rehabilitation and other related expenses
• Provide lump sum compensation for permanent disability
• Ensure common law rights
• Support rehabilitation and return to work
• Ensure that workers are entitled to timely and effective claim determination and dispute resolution processes
• Ensure the worker has access to the doctor of their choice
• Not be eroded by companies seeking to self-insure in order to obtain lower OHS and workers’ compensation entitlements for workers

7. Rehabilitation

All workers have the right to return to safe, suitable, meaningful and sustainable work, following the provision of quality rehabilitation services, commensurate to need.

Rehabilitation will include the right to:

• Union representation
• Early intervention of workplace injury and illness
• High quality, appropriate, effective and timely rehabilitation plans and services
• Consultation about all aspects of rehabilitation
• All documentation and information relating to their rehabilitation
• Fair and equitable rehabilitation plans and services
• Privacy in the management of all records and information
• Personal choice of medical provider and rehabilitation service

8. Penalties

Penalties must be commensurate with the degree of the breach, including recognition of gross negligence. Penalties should be sufficient to act as a deterrent. A range of penalties, including but not limited to infringement notices, fines, moieties, imprisonment, enforceable undertakings, and adverse publicity orders must be provided to allow for a range of penalties for breaches of health and safety and compensation laws to be actively applied.

9. Development of Laws

All occupational health and safety, compensation and rehabilitation laws are to be developed in a tripartite manner.

All laws must be developed incorporating but not limited to the ILO Conventions, Protocols and Recommendations concerning health and safety.

OCCUPATIONAL HEALTH, SAFETY, COMPENSATION AND REHABILITATION

Union Charter of Workplace Rights

This Charter of Rights sets out the rights and responsibilities of all workplace parties in the provision of decent and fair health, safety, compensation and rehabilitation systems and practices within Australian workplaces.

Regardless of jurisdiction, changes to occupational health and safety, compensation and rehabilitation law must not result in a diminution of the rights and entitlements of any worker.

Workers must not be adversely affected by any employer moving between jurisdictions in relation to their OHS and workers compensation entitlements. Any proposed move between jurisdictions will only occur following genuine consultation and agreement with workers and their representatives and a process of public review, including public tribunal hearings.

Consistent with ACTU OHS and Workers’ Compensation Policy and international standards, Australian law must ensure healthy and safe workplaces and a compensation and rehabilitation system which ensures that no worker is disadvantaged should they be injured at work.

All workers have the right to join a genuine trade union. Union organised workplaces are safer workplaces.

One commentator felt that there was a pro ALP bias with the way the program’s panel was organised:

I actually think that Q&A programs are better when there is a Greens politician or someone else who has a different stance to the 2 major political parties.

The fact is that the ALP & the LP are very close. Rudd got rid of Workchoices in name, but there are elements of it in the Fair Work Act.

On climate change, the LP still wants to delay and the ALP wants to make the most minor of changes.

On racism, the Howard Government adopted an  incredibly racist policy by targetting people who were escaping tyrrany. When Nick Bolkus was Immigration Minister, he showed no compassion to East Timorese boat people who were on Indonesian military (TNI) death lists following the Santa Cruz Massacre of 1991. He put them in Port Hedland.

He also started the policy of detaining asylum seekers.

The ALP & the LP were equally culpable in supporting Indonesia in its invasion of East Timor. Leaders of both parties lied and deceived while a third of the population was wiped out by the TNI. They both played a shameful role in stealing Timor’s oil which continues to this day.

Another important issue for Australian workers is the national review of OH&S laws. The LP has always supported the worst employers to ensure that the laws are not very strong. Deputy PM Gillard promised there would be OH&S laws of the highest standard. The fact is that the ALP is set to go along with laws that are the lowest common denominator.

We need to face the fact that our 2 major political parties are extremely conservative and adopt policies that appall Australians who have a strong sense of social justice and value human rights.

We need politicians that look after ordinary Australians and pursue policies that make us good and responsible international citizens.

Congratulations to The Age editorial team for printing the edited version of Justice Michael Kirby’s speech at Griffith University (“The Truth About Life”, TA 17.12.08).

I think that it was very brave of Michael Kirby in this, the Second Dark Ages of Economic Rationalism, to say publicly that humans need love and that love is the essential underpinning of fundamental human rights.

I found his call for empathy, love and compassion for those who suffer in the world  extremely moving. We need this vision if we are going to build a peaceful world.

It reminded me of the words of Timor Leste’s current PM, Xanana Gusmao, when he was in Melbourne to officially open an arts festival in 2001. He was asked if he thought Australia should support Bush’s War on Terror.

Xanana’s response was that a war would not solve the problem of terrorism and that there needed to be a justice approach to the Twin Towers outrage. Peace, he stressed, would only come when we all pursue the politics of international social justice and love.

I hope that many other politicians and world leaders follow the vision being advocated by Michael Kirby and Xanana Gusmao.

The bullying and hateful approach to people adopted by Thatcher and other economic rationalist leaders has caused far too much suffering.

These leaders erroneously believe that the market place will solve all of humanity’s needs

We need to develop far more loving, caring and compassionate attitudes to our fellow human beings and our environment, both locally and internationally if the planet is to survive.

We need to bear in mind, leaders who know how to manage do so. Those that don’t know how to manage, bully. The latter group is costing us greatly in both human and money terms.