Medical Journal of Australia published “The Occupational Factors in Pulmonary Dust
Disease”. The article discussed asbestosis and the high rate of lung cancer among workers
in several industries. It also outlined preventive measures.
37
The Department of Health’s concern for Wittenoom workers’ health dominated its
correspondence with the Department of Mines. No one person, however, was taking
responsibility for dealing regularly with their x-ray results, until the arrival from Ireland of Dr
Jim McNulty in 1957. He had been appointed Chest Physician with the State Tuberculosis
Control Branch in Kalgoorlie to control TB in the miners and town residents. He replaced Dr
Gordon Oxer, District Medical Officer and the Kalgoorlie hospital’s Superintendent. From
Kalgoorlie, Oxer, an ex-Changi POW, went to Wittenoom as the town’s doctor. There he
would gain a reputation for his exploration activities and interest in the history of the
Wittenoom area.
38
Where previously responsibility for the Mobile Unit x-rays had been
unclear, this changed with McNulty’s appointment. He followed up suspicious x-ray changes
with sputum tests for suspected TB.
39
McNulty also researched the literature on asbestos-related diseases. He had frequent
exchanges with the Department of Mines and A.B.A. Limited regarding the dust hazard and
36
Motley Rice Plaintiff’s Exhibit no.10314: Memo from Dr. Linley Henzell to the Minister for Health, 20
February 1950.
37
Motley Rice Plaintiff’s Exhibit no.10660: The Medical Journal of Australia, Vol 11, 37
th
Year, 25
November 1950.
38
Oxer is mentioned in the Motley Rice Plaintiff’s Exhibits no.10386 & 10668: Letters from Wittenoom
mine manager, O. Allan to 1. General Superintendent Australian Blue Asbestos Limited, Perth 2.
Managing Director Australian Blue Asbestos Limited, Sydney. Both dated 24 June 1960. That he was
a Changi POW came up during my conversations with Tony Martino, Perth, November 2010. His
interest in exploring the local area also emerged in discussion with Tony Martino. This is confirmed in
Motley Rice Plaintiff’s Exhibit no. 10554: the ABA Story, (1963) Chapter 1.
39
Interview conducted by Criena Fitzgerald with Dr Jim McNulty, Perth, November 2002.
286
the improvements needed in the mine and the mill to safeguard worker health.
40
The
differences of opinion and delays in taking decisions inherent in such discussions were
capitalized upon by the company. The inconclusiveness of discussions was exacerbated by
what Dr Jim McNulty defined as the fatalistic attitude of the State Mining Engineer. The mine
management refused to address, ignored or took their time in considering McNulty’s advice
on what he had learned from the British and American experiences.
41
As the annual x-rays and medical examinations identified workers with asbestosis,
sufferers were advised to leave Wittenoom.
42
In 1958 McNulty’s examination of the
Wittenoom x-rays had resulted in the diagnosis of five new cases of asbestosis. Dissatisfied
with the approach of the examining doctor, the following year McNulty made his first of
several visits to the mining town. Medical examinations proved difficult due to the lack of or
minimal English among the men. That the workers were developing asbestosis was not new,
either to the operating company, ABA Limited, or the medical research.
43
McNulty’s findings
revealed “the length of exposure of men contracting asbestosis or silicosis was much shorter
than comparably employed men in the gold mining industry [who developed silicosis]”.
44
The
workers average exposure to dust was four years.
45
In 1958 — just as Dr Saint had predicted
ten years earlier — the Professor of Pathology at Perth Hospital, R. E. J. ten Seldan, warned
that the number of asbestosis and, now also, carcinoma cases among Wittenoom workers
would increase in the next ten years.
46
Later that year the matter of asbestos-related
diseases at Wittenoom was raised in Western Australia’s Legislative Assembly. The
company was clearly monitoring any public discussion regarding asbestos-related diseases
40
Motley Rice Plaintiff’s Exhibit no. 10722: Dr Jim McNulty’s Health Department file contains the
extensive correspondence which was exchanged regarding the health issues among Wittenoom
workers.
41
In time the research literature would suggest that the amount of exposure was not the significant
factor, it was rather that you had been exposed. See Castleman, Op Cit. p. 128. Cumpston, A. C.
(1978), 'The Health Hazard at Wittenoom', in Division of Occupational Health: Clean Air Noise
Abatement in Department of Public Health of Western Australia.
42
Motley Rice Plaintiff’s Exhibit no. 10325: Letter from Dr McNulty to Dr D. D. Letham re asbestosis
and x-ray classifications in Wittenoom workers, 29 January 1959.
43
See Castleman, Op Cit.
44
Motley Rice Plaintiff’s Exhibit no.10327: Dr Jim McNulty writing to Dr King, 13 January 1960.
45
Motley Rice Plaintiff’s Exhibit no. 10328: Dr McNulty Chest Physician and Mines Medical Officer
writing to General Manager State Government Insurance Office (Western Australia) 17 March 1960.
46
Motley Rice Plaintiff’s Exhibit no. 10722: slide no. 102, Professor of Pathology, R. E. J. ten Seldan,
at Perth Hospital is writing to the Health Commissioner of Public Health, Dr Henzell about his
concerns. 18 April 1958.
287
at their mine. Broadhurst, now a director of ABA Limited, sent a copy of the questions and
answers given in the parliament to ABA Limited’s Managing Director, K. O. Brown.
47
In 1960 Dr McNulty’s report on asbestos diseases in Wittenoom was presented to the
Western Australian parliament, where his findings were not discussed.
48
Due to the high
levels of dust exposure there was a 12 per cent rate of asbestosis among Wittenoom’s
asbestos miners and millers, with workers developing the disease at a faster rate than
previously reported in the research literature. Compared with the statistics in the gold mining
industry, where one per cent of workers developed silicosis from exposure to silica dust
common in coal and gold mining, the asbestosis statistics were disturbing.
49
Dr Linley
Henzell, by then the Commissioner of Public Health, supplied this information to his
minister.
50
The Minister for Health, in turn, informed the Minister for Mines of the number of
asbestosis cases. The Minister for Mines informed Henzell — via the Minister for Health, an
indication that discussions were taking place at highest levels of government — that health in
the mining industry was none of his business. McNulty explained in 2002 that the role of the
Department of Health, as far as the Department of Mines was concerned, was “to do the
medical examinations and the x-rays and report to the Minister of Mines. End of story”.
McNulty, eventually to become the Commissioner of Public Health, remarked that the
Minister for Health accepted the Minister for Mines response.
51
By the early 1960s there were at least three papers discussing the emergence of
mesothelioma. Available documents suggest that CSR was made aware of mesothelioma in
June 1960. Wittenoom mine manager, Osborne Allan, brought two papers to the attention of
ABA Limited Perth and Sydney Head Office.
52
Dr Gordon Oxer, Wittenoom’s doctor, gave
Allan a British Medical Journal article dated 30
th
April 1960, “Complications of Asbestosis” by
Professor J. McMichael and Dr Hugh-Jones. Allan described it to his superiors in Perth and
47
Motley Rice Plaintiff’s Exhibit no. 10307: C.H. Broadhurst, Director, writes to the Managing Director
ABA Limited, Sydney with the questions and answers given in the W.A. Legislative Assembly on
asbestos-related diseases, 16 September 1958.
48
Interview conducted by Criena Fitzgerald with Dr Jim McNulty, Perth, November 2002.
49
Motley Rice Plaintiff’s Exhibit no. 10666: The Report of the Commissioner of Public Health for the
year 1959 – presented to both Houses of the Western Australian Parliament.
50
Motley Rice Plaintiff’s Exhibit no. 10376: Letter from the Minister for Health to the Minister for Mines,
4 March 1960.
51
Interview conducted by Criena Fitzgerald with Dr Jim McNulty, Perth, November 2002.
52
Osborne Allan died of complications from asbestosis in the 1980s. See Hills, Op Cit. p. 122.
288
Sydney as “quite an interesting article and reveals several facts not known to us before”.
53
Allan was referring to mesothelioma. It appears that CSR ignored Allan’s correspondence.
CSR’s attention was focused on ABA Limited’s position as a supplier of blue asbestos to
Australian and overseas markets and on increasing the mine’s fibre production. In spite of
the company’s concern regarding the increasing production costs and competition from other
manufacturers in building materials, the 20 per cent increase in profits on those of the
previous year by their Building Materials Division, which used the blue asbestos to
strengthen their cement sheets, must also have had some bearing.
54
In April 1960 Wagner,
Sleggs & Marchand had reported 33 cases of mesothelioma — at the time an uncommon
tumour — in the North Western Cape province of South Africa.
55
It is not known when CSR
became aware of this publication. In March 1963, however, Allan referring specifically to
“Health Matters” would pass on to ABA Head Office in Perth the paper Dr Jim McNulty had
published in 1962 about the first case of mesothelioma in Wittenoom.
56
Six months later a CSR memorandum from Sydney dated the 18
th
September entitled
“ABA Wittenoom Industrial Disease (Asbestosis & Silicosis)” was sent to Malcolm King, an
ABA director at that time.
57
This reveals that the company was keeping abreast of the
development of asbestos-related diseases at the Wittenoom mine. Among CSR’s senior
officers to initial having read the memorandum were K. O. Brown (in 1963 Managing Director
of ABA)
58
who during the Heys and Barrow case in 1988 would reject the plaintiffs’ counsel’s
question regarding whether the sole responsibility for the health and safety of the Wittenoom
workers lay with CSR’s managing director and the board of directors (Brown, by 1967 had
53
Motley Rice Plaintiff’s Exhibits no.10386 & 10668: Letters from Wittenoom mine manager, O. Allan
to 1. General Superintendent Australian Blue Asbestos Limited, Perth 2. Managing Director Australian
Blue Asbestos Limited, Sydney. Both dated 24 June 1960.
54
Motley Rice Plaintiff’s Exhibit no. 10234. CSR Profit And Loss Account for the year ended 31 March
1960.
55
Wagner, Sleggs & Marchand, Op Cit. The 33 deaths due to mesothelioma had been reported in one
of the country’s blue asbestos mines, run by the English company, Cape Asbestos.
56
Motley Rice Plaintiff’s Exhibit no. 10674_01: Memorandum to the General Superintendent ABA Ltd,
Perth, 28 March 1963. See under Health Matters.
57
Motley Rice Plaintiff’s Exhibit no. 10496: Memorandum to M. G. King (ABA director) ABA Wittenoom:
Industrial Disease (Asbestosis & Silicosis), 18 September 1963. Malcolm King would be asked in 1974
(by which time he was a CSR director and Deputy General Manager) to compile all the information
CSR held on the mine’s progress held in Wittenoom, Perth and Sydney. In court in 1988, he would
deny any knowledge of asbestosis until after 1960. Given King’s employment with the company since
1933, his visits to overseas asbestos mines as early as 1949 and his close working relationship with
C. H. Broadhurst who first mentions asbestosis in 1946, this is highly unlikely.
58
Reported in Motley Rice Plaintiff’s Exhibit no. 10554: the ABA Story (1963), Chapter 12.
289
become a CSR director and remained so until 28 June 1973).
59
The company was aware that
“Increasing prominence is being given in Western Australia to the incidence of asbestosis…
21 cases of asbestosis and silicosis-asbestosis have been attributed to Wittenoom”. CSR
was concerned about the amount of liability it currently carried and its future liabilities. The
State manager of the W.A. State Government Insurance Office in conversation with CSR had
informed senior management “that the claims experience under this policy was very bad”.
The memorandum also addressed prevention of industrial diseases:
The only sure way to prevent asbestosis and silicosis is
to reduce the concentration of contaminants in the air to
a reasonable figure. This is done by improving
ventilation. Regular sampling of air at chosen points is
necessary to provide a proper check on the dust
concentrations. It is not practical to think in terms of
supplying respirators to employees. The hot working
conditions make respirators unpopular even in the mill.
On the final page, the memorandum also noted that the author of the memorandum (initialled
A. R. J. — most probably A. R. Johnston, an ABA Limited director) and Mr Broadhurst (also
an ABA director by then) had recently met with Dr Letham, the Western Australian Director of
Public Health. Dr Letham outlined a number of issues to them regarding asbestos exposure,
including “Asbestosis can cause lung cancer”. A handwritten notation at the end of the
memorandum illustrates the concern regarding the company’s liability for sick workers: “The
potential liability is substantial and I recommend close attention… [the second sentence is
illegible]”. It was signed BLB.
60
During the 1960s dust and worker health issues continued to dominate discussions,
reaching the highest levels of the Department of Mines, CSR/ABA Limited and the
Department of Health. Doctors McNulty, Hunt, A. King and Letham did all within their limited
power to disseminate information on the asbestos danger in an attempt to safeguard the
59
Hills, Op Cit. pp. 122-23. CSR Annual Reports for 1967, 1969 - 1973, accessed at State Library of
Victoria, SF 338.7 A1.
60
Motley Rice Plaintiff’s Exhibit no. 10496: Memorandum to M. G. King (then an ABA director) ABA
Wittenoom: Industrial Disease (Asbestosis & Silicosis), 18 September 1963. The writer of the
memorandum, A. R. Johnston, is listed as an ABA Limited director (as are King and Broadhurst) in
Motley Rice Plaintiff’s Exhibit no. 10554: the ABA Story (1963), Chapter 12. The other initials, B. L. B.
are those of B. L. Brennan who was employed as one of CSR’s Senior Functional Officers. His role
was Chief Industrial Officer. Brennan is listed in CSR’s Annual Reports for 1967, 1969 - 1975,
accessed at the State Library of Victoria at SF 338.7 A 1.
290
health of Wittenoom’s workers.
61
They sought the support of CSR’s consultant physician, Dr
H. Maynard Rennie — a respected member of the Royal Australasian College of Physicians,
and in 1954 its Honorary Secretary.
62
Their first letters to Rennie in 1961 outlined the dust
conditions and the health consequences for the Wittenoom workers and their families.
Rennie, thousands of miles away in Sydney, accepted the assurances of the Colonial Sugar
Refining Company regarding the improvements made with the opening of the Colonial Mine
in 1957 and the mill built in 1958 to replace those at Wittenoom Gorge. The medical
arguments and the statistics on asbestosis and lung cancer provided by Dr McNulty in 1961
did not sway the Sydney physician.
63
By 1963, most likely feeling the pressure from his
colleagues including Dr Bruce Hunt, a former president of the Royal Australasian College of
Physicians, the tone of his letters to McNulty and Hunt became supportive. Nevertheless, he
requested current reports on worker health with which to approach the company.
64
Dr
McNulty had already sent him information on a mill hand employed between 1954 and 1959.
McNulty impressed upon Rennie that “Such rapidly progressive disease is uncommon in the
literature of industrial chest disease and confirms the fearful hazard to which the workers are
exposed”.
65
Dr Rennie sought no doubt to reassure his colleague, Dr Bruce Hunt, in February
1963 when he wrote “I fully agree that there is further action to be taken… I gather in fact that
the conditions are worse than they were and this gives me a tremendous pull. I will let you
know what goes on”.
66
Nothing conclusive was ever achieved and an invitation to visit Perth
to see the conditions firsthand would never be taken up.
67
It is possible, nevertheless, that
those ongoing discussions between Rennie and the department of Health doctors had
prompted the meeting between Dr Letham and ABA directors Cecil Broadhurst and A. R.
61
Motley Rice Plaintiff’s Exhibit no. 10722: Dr Jim McNulty’s Health Department file.
62
Royal Australian College of Physicians: retrieved 16 June 2011 from
Http://www.racp.edu.au/page/library/college-roll/college-roll-detail&id=826
. See also Sydney Morning
Herald, p. 2, Wednesday, 18 August 1954.
63
Motley Rice Plaintiff’s Exhibit no. 10353: Letter from Dr McNulty to Dr Rennie, 25 October 1961.
64
Dr McNulty’s Blue Book: Letter from Dr. H. Maynard Rennie to Dr Bruce Hunt, 25 February 1963.
Copy obtained from Dr McNulty, November 2008.
65
Motley Rice Plaintiff’s Exhibit no: 10673: Letter from Dr McNulty to Dr Rennie. 6 February 1963. Re:
The mill at ABA the Mines Department Inspector report to me that the mill was dirtier than ever,
despite a reduced ore production.
66
Dr McNulty’s Blue Book: Letter from Dr. H. Maynard Rennie to Dr Bruce Hunt, 25 February 1963.
Copy obtained from Dr McNulty, November 2008.
67
Hills, Op Cit. p. 67.
291
Johnston which was mentioned in the September 1963 memorandum to Malcolm King on
Industrial Diseases.
68
The knowledge about asbestos-related diseases and the Department of Health’s
warnings reached the Minister for Mines but failed to influence him to bring CSR to task over
its duty of care to workers. Dr McNulty continued to bring the dangers to the attention of the
company, the Department of Mines and the public, even after the mine’s closure. He and his
colleagues were concerned that the full impact of exposure to blue asbestos had yet to
emerge. Despite growing concerns regarding asbestos exposure across Australia, asbestos
was only banned in 2003.
69
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