The Medical Journal of Australia,
(March), p. 338 (Abstract).
9
Motley Rice Plaintiff’s Exhibit no.10653: Public Health Department file, 93/33. Workers’
Compensation Act: Dangerous Industrial Processes and Diseases Arising Therefrom.
10
The documents were supplied by North Carolina lawyer, Motley Rice. He had obtained them during
legal discovery.
280
at Wittenoom.
11
In taking the decision to immigrate to Australia and work at the Wittenoom
asbestos mine in the 1950s and 1960s, neither the workers nor their families had any idea of
the consequences of asbestos exposure, either in Australia or in their home country. None of
the Italian research participants recall CSR/ABA Limited warning them of the health risks.
In 1943 the Colonial Sugar Refining Company Limited (CSR) had added its name to
the list of western corporations operating asbestos mines to supply the fibre for their
manufacturing businesses.
12
That same year, to address its lack of mining expertise, the
CSR library acquired or ordered journals, magazines and textbooks on engineering,
mineralogy, asbestos, equipment and mining practices from the U.S., Canada, South Africa
and also locally in Australia.
13
Given the size of the company’s Scientific and Technical
Library, the Colonial Sugar Refining Company most likely held the 1922 Australian Index to
Health Hazards in Industry which listed asbestos as hazardous, and the 1930 Merewether
report on asbestosis. In recognition of its significant holdings, CSR was listed in the
Catalogue of the Scientific and Technical Periodicals in the Libraries of Australia in the
1930s, and subsequently appeared in the Annual Report of the Australian Institute of
Librarians of 1949 and the Library Association Quarterly of 1959, in which it was noted:
The library of the Colonial Sugar Refining Company
founded in 1928… covers the fields of pure and applied
science and technology. As the interests of this company
have developed… so the library has progressively
expanded. It provides information for the members of the
CSR organization at the mills and refineries and to the
subsidiary companies.
14
Scientific knowledge about asbestosis and lung cancer due to asbestos exposure had
been established in the medical literature prior to 1943, yet CSR would ignore the health
consequences for its workers.
15
In 1944, the visit to Wittenoom and the nearby asbestos
11
Motley Rice Plaintiff’s Exhibit no. 10722: includes the reports and correspondence exchanged
between these various players in the 1950s and 1960s. It was compiled by Dr Jim McNulty who by the
1970s had become the Commissioner for Public Health in Western Australia.
12
Motley Rice Plaintiff’s Exhibit no. 10206: Sales Agreement of Mining Tenements from L.G. Hancock,
E.J.T. Warren and E.A.M. Wright to Australian Blue Asbestos Limited dated 10 April 1943.
13
Motley Rice Plaintiff’s Exhibit no.10119.00: list of books on mining, asbestos and related topics,
drawn up by the CSR Library 3 June 1943.
14
Motley Rice Plaintiff’s Exhibit no.10711: The Catalogue of the Scientific and Technical Periodicals in
the Libraries of Australia, 1930; Exhibit no.10712: The Australian Institute of Librarians, Ninth Annual
Report, October 1946, Melbourne University Press, 1947; Exhibit no. 10714: the Quarterly published
by the Library Association of Australia, vol 8, April 1959.
15
See Castleman (1996), Asbestos, pp. 1–47, 49–158.
281
mine in Yampire Gorge by the Wittenoom manager Broadhurst, accompanied by K. O.
Brown and Lang Hancock, highlighted CSR’s attitude regarding acceptable working
conditions.
16
During this visit, K. O. Brown, the then Chief Engineer in CSR’s Building
Materials Division, had witnessed first-hand the dusty conditions in asbestos mining.
17
In
1949 Brown was appointed an ABA Ltd director and by 1952 had become Managing Director
of the Building Materials Division subsidiary companies and was living in Sydney. He
displayed no concern for workers. Brown’s report to CSR described conditions at Yampire
Gorge and Wittenoom. They were “very dusty when operating but no more so than ours [at
Wittenoom] is at present”.
18
He noted the Yampire Gorge manager’s opinion (and most
probably concurred) that the payment of a 5/- [50 cents] dust allowance to workers at the
Yampire Gorge operation was a bad precedent.
19
Brown’s summation of the dust conditions
in 1944 contradicted his evidence in the 1988 Heys and Barrow trial when he stated “he
hadn’t thought that the mine was dusty, because it didn’t fog up his glasses when he walked
through…”
20
In1945 C. Adams, the Inspector of Mines stationed in Cue, reported on the dust
menace in Wittenoom to the State Mining Engineer:
A major consideration is the dust menace, and when the air in the
gorge is stagnant, and the plant is in operation the conditions are
simply appalling. These conditions were experienced… within the
period of my visit, causing… dust to hang in the gorge… a quarter of a
mile either side of the plant, and yet the men assure me that
conditions have improved since my last visit… In general, the
elimination of dust has been treated as an afterthought… The mill is a
very poor affair in which everything has been mistakenly sacrificed in
the name of production. The output could be greatly improved, at the
16
Motley Rice Plaintiff’s Exhibit no.10131: K.O. Brown’s report to CSR of inspection of Yampire Gorge
asbestos mine, 1
st
December 1944. In the 1970s, Brown and Broadhurst were senior executives in the
CSR hierarchy when the implications of asbestos exposure at Wittenoom entered the public domain.
17
See Vojakovic & Gordon, Op Cit. p. 378. Motley Rice Plaintiff’s Exhibits no: 10095: List of ABA
Company directors, 27 December 1949; Exhibit no. 10887: Marrero Plant News Bulletin, Johns-
Manville factory, 6/5/1959; no. 10241: Extracts from CSR Board Minutes (1 January 1943 to 16 July
1958) concerning the Wittenoom Asbestos venture. See 9 January 1952 minute. K.O. Brown had
become Managing Director of all the Building Materials Division Subsidiary companies and Malcolm
King, a director in all of them.
18
Motley Rice Plaintiff’s Exhibit no. 10131: K.O. Brown’s report to CSR of inspection of Yampire Gorge
asbestos mine. 1 December 1944.
19
Motley Rice Plaintiff’s Exhibit no. 10131: K.O. Brown’s report to CSR of inspection of Yampire Gorge
asbestos mine. 1 December 1944.
20
Motley Rice Plaintiff’s Exhibit no. 10251: In the Supreme Court of Western Australia. Heard 19
November 1987 to 14 July 1988. Delivered 4 August 1988. No. 1148 of 1987 BETWEEN STEPHEN
EDWARD JAMES TIMOTHY CHARLES IRVIN BARROW, Plaintiff and CSR LIMITED, first defendant
and MIDALCO PTY LTD, second defendant and no. 1161 of 1987 BETWEEN PETER HEYS, Plaintiff
and CSR LIMITED, first defendant and MIDALCO PTY LTD, second defendant (By original action)
and BETWEEN CLAYTON PETER HEYS, as Administrator with the will annexed of the estate of
PETER HEYS deceased. Hills, Op Cit. p. 122.
282
cost of temporary loss of production... Owing to faults in design and
poor machinery, this plant will probably never be made to produce
continuously, at or near the theoretical maximum output.
21
In 1946 correspondence between CSR and its subsidiary, Australian Blue Asbestos
Limited, indicates they were aware of asbestosis. The information had most likely been
obtained from the CSR library.
22
It may explain why Broadhurst’s correspondence to his
Managing Director mentioned the development of asbestosis in the mill manager, Dignam,
without needing to spell out the nature of the illness. The company’s attitude to worker health
and mining diseases is, once again, implicit in Broadhurst’s failure to raise any concern for
Dignam’s ill-health. Instead Broadhurst asked: “Who would replace him?”
23
In the 1980s,
Broadhurst would die from mesothelioma.
24
In January 1948, a report on the properties of asbestos had been prepared for the
Commissioner of Public Health in Perth. It stated: “Asbestos[is] is a recognized condition
according to a number of authorities and fine dust if present in the atmosphere in sufficient
quantity under working conditions could constitute a hazard if not properly controlled.”
25
A
month later, concern about the dust hazard at Wittenoom led Western Australian Health
Department doctors to approach Department of Mines’ officials and ABA Limited regarding
who had responsibility for the supervision of asbestos workers’ health. Acting Commissioner
of Public Health, Dr Kingsbury, wrote to the Senior Commonwealth Medical Officer, Dr
Murray, to query if his staff periodically examined Wittenoom workers.
26
Murray informed the
Commissioner that the Department of Mines decided which areas the mobile x-ray unit
visited, with Wittenoom Gorge to be visited every second year.
27
By mid February, Dr Linley
Henzell, Director of the Tuberculosis Branch, had written to the Acting Commissioner of
21
Motley Rice Plaintiff’s Exhibit no. 10571: 24 October 1945. C. Adams, Inspector of Mines (Cue)
writes to the State Mining Engineer.
22
Motley Rice Plaintiff’s Exhibit no.10231: C. H. Broadhurst’s letter to the Managing Director,
Australian Blue Asbestos Limited, 6 September 1946. Topic: Mine Staff.
23
Motley Rice Plaintiff’s Exhibit no.10231: Wittenoom Mine Manager C. H. Broadhurst’s letter to the
Managing Director, Australian Blue Asbestos Limited, 6 September 1946. Topic: Mine Staff.
24
Hills, Op Cit. p. 122.
25
Motley Rice Plaintiff’s Exhibit no. 10722: slide 162, Report on asbestos prepared by the
Government Chemical Laboratories for the Commissioner of Public Health of Western Australia,
January 1948.
26
Motley Rice Plaintiff’s Exhibit no. 10722: slide 160, Letter from Acting Commissioner of Public
Health to Senior Commonwealth Medical Officer, W.A. 13 February 1948.
27
Motley Rice Plaintiff’s Exhibit no. 10722: slide 159, Letter to Acting Commissioner of Public Health
from Senior Commonwealth Medical Officer, W.A., 16 February1948.
283
Public Health, reiterating the Commonwealth Laboratory’s responsibility for the health of the
Wittenoom miners. He also noted that Wittenoom’s asbestos was being used in the
manufacture of fibrolite for building purposes in the Perth metropolitan area.
28
By May ABA Limited entered discussions with Dr Henzell to conduct x-rays for
workers going to Wittenoom. Their concern was not over workers’ health, but to satisfy the
Mines Department requirement of “a certificate equivalent to that given by the
Commonwealth Laboratories at Kalgoorlie”. So that miners were covered under the Miner’s
Relief Act, by the 1
st
June Dr Henzell had raised the matter of routine medical examinations
for prospective Wittenoom workers with Mr Foxall, the State Mining Engineer, and Mr Telfer,
the Under Secretary for Mines. As a result of those discussions, Henzell informed the
Commissioner of Public Health that he would put in a formal application for his branch to
conduct medicals. Not even a week later, Dr Eric Saint, the Flying Doctor stationed at Port
Hedland, also voiced his concerns about the health of Wittenoom workers to the
Commissioner. Clearly, little had changed since Mines Inspector Adams’s report in 1945.
Saint spoke of the shocking conditions in the Wittenoom mine and at the hospital with its
inadequate x-ray equipment. He also declared his now famous prediction:
I’ve an eye on the future – the asbestos mine at
Wittenoom… operates without any sort of dust extractor
whatsoever; and since the incubation period of asbestos
is so much less… in a year or two ABA will produce the
richest and most lethal crop of cases of asbestosis in the
world’s literature.
29
Despite Saint’s concerns, the Commissioner did little more to monitor the Wittenoom Gorge
workers’ health effectively than to confirm that
arrangements have just been concluded to have all these
men x-rayed before they leave Perth or Kalgoorlie to
commence work in Wittenoom Gorge... Efforts are being
made to make this an annual event if it can be managed.
Your comments on the “incubation period” of asbestosis
are interesting, and it is recognised that these workers
could easily incur a greater hazard than do workers in our
goldmines. When I am up your way again I would like to
discuss this matter with you on the spot.
30
28
Motley Rice Plaintiff’s Exhibit no. 10722: slide 161, Memo from Dr Linley Henzell, Director of
Tuberculosis Branch to the Commissioner of Public Health, 3 February 1948.
29
Motley Rice Plaintiff’s Exhibit no. 10313: Letter from Dr Saint to Dr Cook, Commissioner of Public
Health, 6 June 1948.
30
Motley Rice Plaintiff’s Exhibit no.10881: Commissioner of Public Health replies to Dr Saint’s letter,
16 June 1948.
284
By July Dr Henzell was reporting on x-rays of asbestos workers at the Perth Chest Clinic:
three were normal, one needed to return for an x-ray in 12 months and another was advised
to present for a medical examination, as he required further investigation.
31
The need for
improved conditions at Wittenoom prompted the Minister for Health’s representations to the
Minister for Mines and the Minister for Labour. The Minister for Mines questioned Dr Saint’s
view of the conditions at Wittenoom but failed to address the possibility of workers
developing asbestosis.
Dr Saint of Port Hedland has been misinformed as
regards precautions taken at the asbestos works at
Wittenoom Gorge as the Mines Regulation Act is strictly
enforced and all employees are thoroughly examined and
hold a certificate that they are free of T.B. before they
can be employed in or about the asbestos works.
32
The Minister for Labour passed on the Minister for Health’s request to the Chief Inspector of
Factories with a view to extend the jurisdiction of the Factories and Shops Act to Wittenoom
as a way to improve conditions there. The Chief Inspector viewed the request favourably. He
arranged a proclamation to be put up, only to have it fail when the Solicitor General pointed
out that mines and collieries did not come under that Act.
33
Throughout the 1950s and 1960s, the tone of the reports the Minister for Health
received on conditions at Wittenoom reflected their provenance and the semblance of
efficiency they wished to convey. Those from the Minister for Mines were often benign: his
Secretary of Mines reporting that their Mines Inspectors “were carefully watching the dust
position at the Mill”.
34
At other times, probably wishing to be seen as enforcing the Mines Act
and in view of the unacceptable conditions, the Minister for Mines reported to the Minister for
Health on the recommended improvements his Inspectors had made to ABA Limited.
35
31
Motley Rice Plaintiff’s Exhibit no. 10722: slide 151, Dr Henzell reports to the Commissioner of Public
Health, on x-rays, 26 July 1948.
32
Motley Rice Plaintiff’s Exhibit no. 10722: slide 141, Memo from the Minister for Mines to Minister for
Health, December 1949.
33
Motley Rice Plaintiff’s Exhibit no. 10722: slide 142, Copy to the Minister of Health from the Minister
for Labour of Memo from the Secretary of Labour to the Minister for Labour regarding extending
operations of the Factories and Shops Act, 20 December 1949.
34
Motley Rice Plaintiff’s Exhibit no. 10223: Memo from the Secretary of Mines to the Minister of Mines,
7 February 1950.
35
Motley Rice Plaintiff’s Exhibit no. 10722: slide 134, The State Mining Engineer’s letter to the
Secretary of Mines regarding an inspector’s recommendations for improvements at Wittenoom, 1
March 1950.
285
Meanwhile, Department of Health doctors, such as Dr Linley Henzell who had visited
Wittenoom, continued to voice concern for the workers’ health:
The whole of the surroundings… were smothered with
the dust which is produced in the treatment… very few, if
any, precautions were taken. Asbestos dust if inhaled
constitutes a very grave risk and is, if anything, worse
than silicosis.
36
In addition to the already published international research literature, Australian
research began to appear regarding asbestos and dust hazards. In November 1950 The
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