Document b5y4OywaRNBxBJbo6L8J5eLZg

FEATURES H/uun-uil Hrnirw, Ernlay, Srptrmlirr IkJ, IJ1WI The long running liaKlr mfr report said: *1 am told that eosne CSR su' romprnsation for mine, work* rrs affected by blue asbestos at who worked as Wimwaom bold tta view th> such laxncm and 'cover up' could have bee possible. --- AViMciioom in' the' north of On Urn qwealioa of liability, rim report ml that aside from mine employees, others caul Western Australia readied 'a watershed this week when CSR be afTected. including: townspeople. p*Qpt who worked at Wiuenoom still employed b CSR. and people who.worked with Mu .accepted liability after the \VA State .Covemment Insurance artemus other than at WHtenoom. As to tta oompooy'a oMigmlonis. tta vapor arnd that "some ofus ouy believe that CSR ht OfRee dedared its policy "inop* crative* -- a move CSR is to challenge in court.' MICHAEL GILL traces tlie background. and mubwv Mr Mat* died on July s.1977. . .i*? VSTSf^SS jatidpating many more* whether csr no eootinvrng or undischarged moral or iegi oMigattons: but others wHI no doubt from tan Sotimeamert thm are do have.' "I think w* tare, and wiil contkmeto tavt no cMigarion (moral or humanitarian, eel minimally financial! to find out who wan bun . v IMW Of UK Of Itt OptflUOttl. TEUS fd wtajjsLWtcaahdpjfecan't just mmou CPHE._Itrig>e*I]y_e*hL-dilemitJvhich Ui- -week. Mr Burgess conceded thal-^tbe company back oo the situatioat," the report mid. "Tcr enveloped CSR. tb Wot Auuv Ms been found iota negligent ia regard to the Kan Suta Government Intaranc* Cor Oust And I think, probably, property ncgli- . CSR baa denied tpedfieslly. as recently e last Tuesday, that it was sramntfa 19a by : poration and at lean 2SI peopla aa a tent t mean, you can't hide behind that Bat government medical officer. Eric Saint, of th- result of CSR'a'miuing.of asbcitet at the Mina Department did act dew the mine extreme dangersat its Wirtcnoom operation. Winrnoom. tint became a major management down. And they bad the power to do ao*. Ym. an unsigned draft memo, datedJane 12 for CSR m 1777. What did CSR know of the dengrnT A 1974. end beaded *Press Enquiry * Mesocbcfi Up until 1977, -cotnpractfoa. for people^ memo dated Jane 1$. 1974, by Malcolm Kina. affitoad hy aabeaioa-reiatad dtaeaam Witten- aeaier operations executive, mid that "CSR oma,'m*d that in 19a Dr-Saint In For .HedUnd (m wwmags to people working a oom war handled try the SGIC, But in 1977. a beta* mint trteilos m.a raw materia! foe Wkteaoom abom asbestos*, but ta implied ir former worker. CocneUae Mw, claimed drif othraoacetoeet in the early 1940*".. -- . -damage* from CSR foe bit condition. The . Mr Kiag, who had oavdled ovuneaa'ia the --Maas nainaim-of-daim aumad that CSR's . 1940* to talk to,other,trteao* companies, mid- hiThdriot that astaatoab wm net porticolariinjurious beeauao of th* body renetiot -fremmien to erysalbe (sic) intotta bnga__ subsidiary, Midalco, bed bees negligent in that Ihd "from discussions with Jotm-Maimlie in ' it failed 10 adequately. protect his. froat Canada and Cape Asbestos hi Sooth Africa we capoaarttoaaheatoa dud. were alwayt aware of tome daafer from OuJvneJO. I>77, Riarr dayi tafias the Wui -tnhslnluaof lUnutaTthro. Initially, are data waa lodged, two CSR ptrsonad manag- eadmtood thi* to he similar to silitosti hot cn went to Penh to talk to the oompea/g later heard of atbewosb oad other (dated lawyer* and to the-SGIC. Note* of that ruit diseases*. -- wee* aeot oa June 27 eo Mr iatt Barges*. whoit "Oor aakode wm that aey-indeatriai daal . nowCSR'a chiefaxacutivC wm potentially harmful aad saouId taaveided It aaid that the comparty'a fasmraoes was or"prevented. We provided increasingly dabw limited to only $2,000 for any claim covering me and more effective mean* of dial oolite- . , ............... ..>..1..,.1..9..5..9.....M....r..M.. .a..m....h..a..d. cion at our factories andst tta Asstralian Blue worked at Wrftcnoom from Oewtar2l; 1957 -Asbestos mill ia partiailar^Mr Kin* said.-------- 2_\V. ' *' Professor Saint maintained that hb warning were- very strong and ta errem abo ao W/ health authorities. CSR stM thb week that i hod 2g cases on kshooka.lt expected aomon aabestoais case* aad experieoc* suggest*! another 10 mesottataemacases a year. But experts mch m respimory speciafist D William Musk, fat WA. satd that a* many m25( more cases of mesothelioma might appear ir tta next eight year* or so became the 10-vca incubation extends at least until 1996. This i- tupported by a memo dated November 11 1977 -- again by CSR'a penocwdcxccativ* - ontd November 6, 1959. Talk* With the SGIO ABA was the operates tame of tht which noted that mesothelioma had a 30 tc centred on a propos*! by which they and CSR Witteooom company, changed later'to 40-yenr incubation. He aaid than that k "stault would split the liability. But there were also a MidaIeo,.wdl after turning stopped hi 1966. about now; !.. -- r^- ember of general point* reported in the note: And it waathe mill at Wiitrnoom wh-- taA. _________ wu then tailing ofF. " The SOIO Uaycvuia lUi'AUlbb would be best served if the matter was defended oa the waa crushed to release the blue asbestos fibre, which woild later be the identified mores for .; Mr BURGESS ... copcoriat ngiverve# As a mult of tta Maas case in 1977, CSPundertook a survey of people knows lo ta basboflhnicatioas; otedt ofthe Ulnett that resulted. afTected. A report on tta survey was produced Maas'case waathefirst common taw daim: A soaiaary of CSR file* and mu* in the neesmary Qrwtic action ifprogram b act quick in December 1977. It found that 45 people had SGIO puts tentative estimate ofthe liability mine record book prepared by CSR showed W AMllUflUl*. * died from aibasioa.in6utad disease. Depen stSlOO.QQO: that, while no records were footid for the ' Is* 1966. the mine nn* dosed. In a report dent* ofthorn who dbd totalled11. ofwhom 2< " The SGIO was. at that time, paying period from 1944 to 1946. the question of dolt eeeommending tta closure, Mr Browne aaid were children under 16. compensation-to 166 former WHtenoom the mine was raised by thc-AWU in aa sward ithat while dust conditions were improved, it There were then IS people alive aad employee*: ^ data (n 1947, And the company begaa to.work ' was doobcful they were "even now* as goodas aufTirrng from asbestos laduced g!nesses and Three tmplejuta lad atready died from ondvstcoileruohiystetntia I94C. 'would be required and demanded. theirdependesa wmiied 17S, sf whom 56 ware utctotbcKoma; In November 1951. management at Witten- InJua* 1974, eight yean after the mine was Children undef 14. - The SGIO had made a "pemtabtk esti oom mid h considered "dust eoetrol to reduce' {that, report on the incidence of asbestos* Ahbou.jb CSReaatudva dmh w. ----i mate* of $3) million of liability on the bash fibre losses more important than expansion*, 'amort* Wmcrmom workers wm circulated obligation -o fimk tta ir. , .. <V.. mac that the existing namberof cases would double la April 1955, Wittenoom management sought among CSR management. CKinga paper given Injured wo...,*. CSR's legal advice was to JJ0. The .CSR managers also put the an early decision on plans for wet processing la l97jbyandfficerefibcWADcpartmcntof strongly opposed to any edmtnioa of Uabilky. company's view, myfag that "CSR believes "as, if not Installed, mines (aspector will `-Public Health.- the report mid 142 cases of Claims against th* company have recently there b a moral obligation fog someone to psy demand much improvement in dust control*. iaataatoab and or silicosb bad been identified. demolished whet wm described as. a "legal Mr Mw a reasonable *am a* toon m pomtbb and before bedies*. Mine manager, Mr CH. Broadhmt.saidbe '.The officer's papct.iaid there-had been six considered the dust "mod unhealthy, anplrae 'case* of pleural mesotbdioma,(although the fortification"and tut week the SGIC - CSR's insane - declared itscover 'inoperative*. -- -CSR wanted an tally eeubammabo.so at to oat and meffidant*. la January 1956, manage- -company knew of two other*, thirty of th* Last-Tuesday, th* company, gave a mads* "avoid adven* publicity which could result end would involve both organisation* if the meat arged'tbit "irrespective of Mine* .cnamsroc known to tafauL - Department reaction, it b essential that ^ More than two-thirds of theeaset had arisen coofrreec* at which it aaid thatIt* KabiUty in total was $50 million -- an avenge of about matter ni defended on a legal technicality or something bedone to reduce dust? lamong workers in tkc enthiag mill, aa $200000 for each of the known damn CSR eras andaly pmgseted*- Warman dust collection equipment, was ,opposed to 32 per cent among underground" would seek to enforce tta SGIC -iamranct Later, the CSR officers met their Perth insulted but a note hi Perth office file* mid .minen. liability for aa astimaud'SM milUoa of that they were "totally inadequate* and had to be v On the qatalon of monhering dust leveb. Subsidiary Midalco tod'carved to bear $20 modified. The senior Sydney, manager, Mr. the report said.umpliag waa started *t- ' trllHon. And, in reserve, CSR had $20 miHon "dealing Keith Browne. noted that-*! havegather feared iWiaenoom in the mid-l950a. But "findinp ofself-insurance wkh a "captne* luwtr. with the Mam claim crtibtbtad that there has this. It b a tragedy after previous good reports. (were suspect because the people doing the Spodfieatly, CSR aaaen* that the SGIC "ta been tad management on both CSR'* and (ha Crashing mmt-ccase (sk) if dustcollection b testing had insufficient knowledge*. It added known about the risk* rinse 190*. The SGIC SGIC* pan". >WOfCTffl|*, I ithal sampling in 1964 by Mr O. Major of had inspected the mine segutariy. k acta tkn mnmif mU (|af Ufr'WiMflkd M Ad Mr Browne's totumtnts were hb response so Sydney University (bowed high concentration* .advice from government department* on the illnetsminbiad to Witttaoom had beeff-Tbe October I95 report of the senior mine* of asbestos in the ak in the mUL Leveb ta the ~rbka.~And~R-tod*foc 'tod total necam to handled badly. "Abo*, it 'aaid, 'Perth branch had been autborisiftg industrial disease claimants (by Inspector, who said tbsf in -May- dost mine also exceeded safe Baths, but were not as Midalco's information for morethan a decade. condhiom had been satisfactory. In August --high as in (he mill. ' On the question of the ksformarien k* own they had been "Mt good*, but in October r (a April 1977, after the Maas case had been . files presented tore, CSR said it wm rrievam filling out a suistory form), bat has not been -- passing this iaformaiion on (it seems that they condition* were bad. The retoclone dost paired puWidy, a dbcuaaion paper prepared by collection system was not woeting properly,ta CSR's senior personnel executive wm sent to that much of the iaforinatlon was from statements made 10 year* after the sain* dosed. checked and uprivtd the reply thal 'Sydney'' smaiidd, adding that btae could nee allow those ;bb general manager. After reporting that more It abo highlighted the fact that a $2 million was not inicrtstedja the forms)/* conditions to eoniinue. -w . ncopk. aside from those already known, could trust was established in 1972, although it conld . On June 25. N27. the SGIO wrote to CSR In February 1959, a net* in the Perth offic* o* expected to ta dbgnosed 'witb astastosb, net say how many of the 2tt vietim* tod with its viesrxdinhd Mam dainb aaid that Use dust collectton system wm not lung cancer or mesothelioma, the report abo sought help from the trust. A court decision in *li has been proposed that Mam ta settled acceptable to ttf Mina Department. -discussed the question ofnegligence, 1979 involving Mrs Jean Joostto said the by a.c--o--n-s-enLt.j!ui--dg?m--e-nt,s*bth. PePS*GrAIO..Isdaida.am"Tr^.h- e IInnesnpaccmsontns`' MretptrotNrtas itkhfrAomugahkrotuutt I960 and j . "As regards protection Of people Whtc company was not negligent. probable settlement could npploxtmatc 1961 varied, though (heir frequency increased, i'pom. ABA-CSR may have behaved reasonably On the other hand, s Victorian Appeal Court $100,000 which could cost your company up to $58,000 and $42,000 to this office. The proposal would have merit but foe the fact that la August. 1961. an Inspector aaid that by the standards of production people at that vctnUauon waa improved, though the mine waa time. Prior to the. knowledge of mesothelioma "siill well below required sundtida'. Airflow, .(first related to asbestos in a medics! paper found last week that CSR was reckled, finding that it exhibited a oontinutag. contdou* and oourmndiom dbregard of employtes' rights to there are approximately 160 person* currently wm"non-existent in tome places*. published ia I960) fairly maarive exposure to . befrseofritk. - receiving workers' compensation and with a .In October 1961, thy Sydney office wrote to -asbestos'dim am believed to ta needed to And. while the dispute over compensation probability ofsuffering from mesothelioma... Che mine management with troubled warning. cease afoestosb." the report said. andiamnnea continues, people mch a* David "In many instances, these worteta could fall "You must take any steps necessary to "It was not until'tbe*4960l (hat. people Gaik who worked at Wktenoom fee km than completely into Che earlier policy-and th* cooperate fully with the ventilation Inspector teafisad that eriatively small expnaurss might ewo|months, tavt died srktorn taring daunt - liability could -be entirely that of your and get efficient ventilation and dust collection icause mesothelioma: and k srxk not until 1969 heard In court. - company. It is felt that th* precedent b loo in in* mine and mill.* the note said. Doctors :fin the UK) that regulation* were -first In tta cad, there muat to bade questions dtngtroia, and toe expensive, to ta generous. NcNulty and Letham were, lb* note added, : introduced to tighten up pcnnbtMe dost teveb about the system, dearly, the vietim* of It b fek that the issue must'be taken aa fares possible. If we lose, we will ta m sto worse a "gravely concerned* at tta.taalih heard m 54 people todortesfosb or aiKcosb. : In asbmtoa indusin**." 1 The utiiuititt7"fciigti said "there would espomre to Wfttewoom asbestos have not benefited. The company mtd to continuing position than If we dead* am tta claim of Imjfbvgptaf 1961,'concern had risen Ma_a_s without a figh_t.* mbitintiilly^Jbc,Perth office wrote to the assuredly have been some degree ofnegtigenca at Wktrrfodrtf: the place wm run by human employees have not benefited. And k teems bard to Imagine that starebotden have gained. A profile of Mr Mam la CSR'afilessaid that staler mine* Inspector mauriag him that the itaings. ABA-CSRTaaalrendy been accused of- Everyone, in factstands to foae aubatamtaHy.. -,)* had been diagnosed with 100 per cant company regarded the dust problem as ''negfigtace. Tta aceumtioas are likaly to- Mr Burges* aumated up th* problems on mesothelioma and aatastoai* By Hm Pncwrno- "serious and urgent*. In Sydney, Mr Browite -.eowtinue*.' And, while tta amuiitfeni were' Tuesday: "I think k't bwvtoMt that then'll be eonroais Board and that th* SGIO had begun wrote to Mr King taring that the akuatlon was ilikrly to be exaggerated, "there may be chemicals and the like need in variom wayi compensation in November, 19751 The 42- "very serious" and the senior, mines inspector, .evidenceofnegligenettorofwhat ajarywould S- year-old has three tons aged 17, IS and II. Mr in the same month srrotemying that step* must ^consider l ta negligence* ad tout there'll ta recurrence* of iha sort of sing. And certainly the .legal proem* it Maas' employment (ccord, marked wkh tbe ta taken to ctadicat* the duH "menace".' ' Referring to anidec ta TV K*rin in 1974 pay number 374. carried the comment "Good adding that-"1 will net hesitate to'take-the and 197$ and allegation* of a "cover up", the cumbersome and very dew. But 1 don't.think you should qddriyotowuea 200yum* ofUw."