Link: http://www.ashaust.org.au/SF'03/releases/051121.htm
Barworker’s passive cancer case win
highlights smokefree urgency
How many more will suffer and die from delays and loopholes?
Health and employee groups have urged governments to end delays and loopholes in smokefree pub and club laws – after a former bar worker won a landmark passive cancer case against a workplace insurer.
Bar and gaming room worker Phil Edge, 29, a non-smoker, fought a three-year battle with tongue cancer after working in a smoky Adelaide pub. He pursued and won his case despite opposition from South Australia’s WorkCover Corporation, after rejecting a lump sum payout to buy his confidentiality.
Mr Edge has won compensation including medical expenses and lost wages. He endured radical surgery to remove half his tongue and cancerous lymph nodes, followed by extensive radiotherapy.
The SmokeFree Australia coalition, representing leading health groups and hospitality employees,* has warned all bar workers, entertainers and gaming technicians to pursue their rights under Occupational Health and Safety laws by refusing to work in any area where smoking is allowed.
Says coalition spokesperson Anne Jones of Action on Smoking and Health (ASH) Australia: “This is not the first case of a worker contracting cancer from a smoky workplace.
“Research has established that secondhand smoke kills. It causes not only cancers in non-smokers but also a wide range of heart, vascular and respiratory diseases, sexual and reproductive harm, and more.
“Keeping the lid on this harm with confidentiality payouts is not in the public interest.
“All pubs, clubs and gaming rooms which currently allow smoking need to be clear that whatever delays or loopholes exist in other laws, they have a duty of care under OH&S law to maintain a safe workplace – that means sending smoking outside, where it can’t harm others.
“How many more will suffer and die before the delays and looholes end? The present mishmash of laws has ‘total’ indoor bans still almost two years off in some states, and some have mostly-enclosed smoky rooms set to continue indefinitely, causing more deaths and disease.
“We urge all governments to act now to prevent further secondhand smoke injuries - by tightening laws to ensure that all indoor and serviced areas of licensed venues are smokefree. Legislation adopted in Queensland provides a good working model of how this can be done.
“Further delays and loopholes will cause preventable deaths and disease – resulting in more legal actions and payouts.”

