2017 Visions Conference Presentation Presented by Aaron Anderson

1. Back to the Future II: The evolving nature
of WHS Risk and Compliance
Aaron Anderson
Partner
Norton Rose Fulbright Australia
23 May 2017

3. What is common amongst the following?
Pizza boxes
Non-stick pans
Popcorn bags
Outdoor clothing
Water repellent
Certain cosmetics
You and me
3

4. Per– and poly–fluoroalkyl substances (PFAS)
4

5. Health effects of PFAS
5
Scientists are not yet certain about the possible
health effects resulting from human exposure to
PFAS at levels typically found in our water and
food. Some PFAS can accumulate in the body
and decrease over time. Some, but not all studies
in humans have shown that certain PFAS may:
• Affect the developing foetus and child
• Decrease fertility
• Increase cholesterol
• Affect the immune system
• Increase cancer risk

6. What do we do in the face of emerging risks?
In light of the proactive nature of the duty of defendants to keep
abreast of scientific developments, the scope of foreseeability is
arguably quite broad in Australia and defendants may be held
liable in circumstances where they did not take proactive steps to
ascertain the scientific risks of contamination and manage those
risks accordingly. The proactive duty will always be weighed
against the availability of measures to mitigate the risk however.
6
BHP Billiton v Hamilton [2013] SASFC75

7. Of course asbestos is no longer a risk…..
7
Epidemiologist Professor Tim Driscoll recently commented in an
editorial for Occupational Medicine about current and emerging WHS
issues for Oceania which included asbestos which is still prevalent in
the built environment and continues to be inadvertently imported into
Australia
In 2016 there was an asbestos scare at the Royal Hobart Hospital
redevelopment project
Asbestos materials have also been supplied to other major construction
projects in Brisbane and Perth including the Perth Children’s Hospital
construction site

8. What about the re-emergence of “black lung”
disease?
8
• Since 2015, 20 current and former coal mine workers in
Queensland have been diagnosed with black lung disease after it
was thought to have been eradicated in coal mining
• Coal workers’ pneumoconiosis (CWP) select committee
established in September 2016 to enquire into CWP in coal mine
workers in Queensland
• The Interim Report published in March 2017 states:
“Clearly, CWP was never eradicated in Queensland. It did not “re-emerge” in
2015 but was merely re-identified, after more than 30 years of responsible
Queensland’s authority’s failing to look for it or properly identify it.”

9. The changing working environment
9
• Aging workforce
• Mobile workforce
• Millennials
• Changing labour force
• Unmanned equipment
• Nanotechnology

10. How do we respond?
10
• Legislate
• Prosecute
• Increase focus on managerial/executive responsibility
• Improve safety management systems / risk management
approach
• Increase worker engagement
• Focus on safety culture

11. Final remarks
11
There is no simple
solution. However, we
must keep abreast of
emerging issues and
be proactive in
understanding risks
and the availability of
measures to mitigate
the risks (Hamilton)

12. International
12
Latin America
Bogotá
Caracas
Mexico City ***
Rio de Janeiro
São Paulo***
* associate office
** alliance
*** From second quarter 2017
Africa
Bujumbura**
Cape Town
Casablanca
Dar es Salaam
Durban
Harare**
Johannesburg
Kampala**
Nairobi**
Middle East
Abu Dhabi
Bahrain
Dubai
Riyadh*
Asia Pacific
Bangkok
Beijing
Brisbane
Hong Kong
Jakarta*
Melbourne
Port Moresby
(Papua New Guinea)
Perth
Shanghai
Singapore
Sydney
Tokyo
Central Asia
Almaty
Europe
Amsterdam
Athens
Brussels
Frankfurt
Hamburg
Istanbul***
London
Milan
Monaco
Moscow
Munich
Paris
Piraeus
Warsaw
Canada
Calgary
Montréal
Ottawa
Québec
Toronto
Vancouver
USA
Austin
Dallas
Denver
Houston
Los Angeles
Minneapolis
New York
San Antonio
San Francisco
St Louis
Washington DC

14. Disclaimer
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities
and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to
clients.
References to ‘Norton Rose Fulbright’, ‘the law firm’ and ‘legal practice’ are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together ‘Norton Rose
Fulbright entity/entities’). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is
described as a ‘partner’) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or
consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity.
The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright
entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual
contact at Norton Rose Fulbright.
14