Western Mining Corporation

Extract from Hansard

Legislative Council
6 July 2001

Sandra Kanck
Deputy Leader Australian Democrats
Member of the Legislative Council

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The Hon. SANDRA KANCK: I seek leave to make an explanation before asking the Minister for Transport and Urban Planning, representing the Minister for Human Services, a question regarding exit medical examinations for workers at WMC's Olympic Dam operation?

The Hon. SANDRA KANCK: My office has been approached by Mr Garry Terry, who was employed by Peabody Resources from March 1997 until December 1998 as a miner digging tunnels at Olympic Dam. As such, Mr Terry was a designated radiation worker and consequently potentially exposed to dangerous levels of radiation. In August 1997, Mr Terry received a letter from WMC stating that as a designated radiation worker he would receive a six monthly personal radiation summary, an annual medical and, upon termination of employment, an exit medical. The letter states that the exit medical is a legal requirement.

Mr Terry received just one six monthly radiation summary, no annual medical, nor an exit medical when his employment was terminated. He made numerous inquiries regarding the need for an exit medical, and eventually engaged the services of a solicitor to pursue the matter. This led to an exit medical being arranged at the expense of Western Mining in May this year. I believe that Mr Terry's experience is not an isolated incident. Correspondence to Mr Terry from Peabody Resources Technical Services' coordinator states:

It has come to our attention that not all employees have completed exit medicals.

It has been suggested to me that hundreds of designated radiation employees did not receive exit medicals upon termination of their contracts at Olympic Dam. My questions are:

1. What are the legislative requirements for exit medicals for designated radiation workers in South Australia?

2. Is Western Mining responsible for ensuring that all designated radiation workers at Olympic Dam receive exit medicals; if not, who is responsible for their provision?

3. What action will be taken as a consequence of the failure to meet the legal obligation to provide exit medicals?

4. How many designated radiation workers have been employed at Olympic Dam during the life of the operation?

5. How many exit medical reports for former employees at Olympic Dam are held by the Radiation Protection Branch?

6. What attempts have been made to ensure that any outstanding exit medicals have been conducted?

The Hon. DIANA LAIDLAW (Minister for Transport and Urban Planning): I will refer the honourable member's questions to the minister and bring back a reply.

The Hon. DIANA LAIDLAW: The Minister for Human Services has provided the following information:

1. The Ionising Radiation Regulations 2000 and the Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1987), make provision for medical examinations to be conducted on `designated employees' in the uranium mining industry. A designated employee is one whose annual effective dose equivalent might exceed 5 millisieverts (5 mSv). For comparison, the average dose limit recommended for radiation workers is 20 mSv. Not all employees in this industry are designated or are required to have such examinations, however, examinations are commonly extended to employees who do not work in occupations where doses meet the definition of designated employees.

Regulation 36 of the Ionising Radiation Regulations 2000 requires that an employer of a designated employee must make such arrangements as are necessary for the employee to undergo a medical examination;

(a) within six months prior to the commencement of employment or, within four weeks after the commencement,

(c) on the date of cessation of employment or within four weeks of that date. If an employee had undergone an examination in the six months preceding the cessation of employment, then another examination is not required. This is commonly known as the `exit' or `termination' medical examination.

In addition, if the employer of a designated employee makes an arrangement for such a medical examination, the employer must inform the employee of the arrangements and the employee must comply with them. The Regulations also specify a questionnaire to be used for the medical examination.

There is no requirement for annual examinations nor is there a requirement for six monthly radiation dose summaries to be provided to employees. Where these are undertaken in this instance, they are at the initiative of Western Mining Corporation.

2. Regulation 36 of the Ionising Radiation Regulations 2000 requires that as the employer, Western Mining Corporation Olympic Dam is responsible for making arrangements for medical examinations for its designated employees. In the case of contractors, the `Radiation Protection Code' makes the operator (Western Mining Corporation) responsible for ensuring that the contractor complies with the requirements in respect of its employees.

3. The issue of routine and exit medical examinations has been discussed with officers of Western Mining Corporation, particularly the circumstances which arise when workers are employed by contractors. It was found in the past that such employees can quickly leave the worksite on completion of a contract, and this may occur before arrangements can be made for an exit examination.

To avoid this situation, new procedures have been put in place by Western Mining Corporation to ensure contractors are notified of the arrangements for exit medicals and to notify their workers of the responsibility to comply with those arrangements. Where former employees have not had an exit medical examination and those employees can be located, letters have been sent with an offer to arrange such an examination.

Under the circumstances it is not considered necessary or appropriate to take any further action.

4. Employee records at Olympic Dam indicate there have been a total of approximately 4223 workers classified as `designated employees' since the Olympic Dam Project began operations in the early 1980s.

5. It is not possible to accurately determine at short notice the number of exit medicals currently held by the Department of Human Services but it is estimated to be approximately three thousand. The number of employees currently designated at Olympic Dam is approximately 1081. There are also a number of formerly designated employees still employed at Olympic Dam.

6. As indicated above, the Olympic Dam Corporation currently has procedures in place to ensure all employees are informed of arrangements to have exit medical examinations. Where former employees have not had an exit medical examination and those employees can be located, letters have been sent with an offer to arrange such an examination.