Viewpoint

Waste Space

Tim Frederikson

The Lockheed Aircraft Corporation was charged recently with committing acts in violation of the US "right to know" legislation. The background of the case may be of interest to New Zealand companies, given the proposed changes to occupational health and safety laws.

Lockheed was manufacturing the new Stealth bomber, the construction of which called for a variety of exotic plastic and ceramic materials. Employees began to complain of various ailments following exposure to these materials. Some 250 workers were affected on 88 occasions.

An investigation by the Occupational Safety & Health Agency revealed that Lockheed had not only failed to record and notify such happenings, but had also wilfully mislabelled many of the materials. The company was ordered to pay US$1.49 million (NZ$2.5 million) in fines, and worker compensation cases are pending.

In New Zealand, we have similar legislation governing those who dabble with chemicals. While the penalties are not as open-ended as in the US, October's proposed occupational health and safety legislation changes will go a long way towards deterring employers from misleading workers.

This country finally appears to be waking up to the realities of chemical misuse and mismanagement. Steps are being taken to ensure that responsibility is assigned to those persons using hazardous substances -- not just chemical producers but also those who routinely use chemicals. The onus will be on them with regard to the use, storage, transport and disposal of any substance capable of causing harm to people, property or the environment.

The new legislation is the first step in amalgamating the responsibilities of government and local bodies and sorting out who does what. It will combine the hodge-podge of laws currently scattered through a variety of organisations such as the ACC and the Labour Department. More importantly, it will let the government take a step back and put the onus of occupational safety where it should be -- on the user.

It is important for both employers and employees to be aware of the chemicals that they are handling. They must know what the chemicals are, what they can do to people, appropriate protection from exposure and how to dispose of any residues safely.

The supplier should be able to provide the information needed. It is available, although not necessarily on the label. There is a legal obligation to issue such information with the product. If a company's chemical handling procedures are a bit dodgey, they should consider doing something about them now. Otherwise they might get a shock when the proposed law changes come in.

Under the current Factory and Commercial Practices Act, a company responsible for the death of a worker through a chemical accident can expect a fine of up to $10,000. The new health and safety legislation will raise this to $100,000 with a two-year jail term for the company directors. While not quite in the league of the Lockheed payouts, this should make any employer think twice about taking chemical hazards too lightly.

Tim Frederikson is a chemical safety consultant.