Today’s correspondent says:
The Fire Service I am employed by has conducted soil and water testing of numerous sites over the last year (Training Facilities and Stations.) As of yet the results of these have not been made public or supplied to staff. (Staff have not been formally notified of such testing, have only seen and asked contractors why they are drilling bores on site.)
Is there a way previous or present employees can gain access to or request site testing results? If these sites are proven to be contaminated – Ie PFOS, PFAS, heavy metals, other chemicals and products of combustion, Is there anything we as staff can do about such work locations? is this a matter for just the site owner whom accepts the current level of risk to its staff?
I suppose one could do soil and water testing for a number of reasons including if there are plans to build on the site. If however the purpose is to look for contamination then the issue is likely to be governed under relevant WHS legislation (or OHS legislation in Victoria and Western Australia).
The Person Conducting the Business or Undertaking (the PCBU) has obligations to consult with staff and to take steps to protect staff (Work Health and Safety Act 2011 ss 19 and 49). It is not ‘a matter for just the site owner whom accepts the current level of risk to its staff’.
If the agency is a government agency (which I assume it is) there could be applications to obtain information about the testing using Freedom of Information type legislation, but I would suggest the first step is to raise questions through the Work Health and Safety committee.
Another option would be for their industrial organisation to use right of entry to request information. There are limitations on use/release but at least someone other than the employer has some oversight of the situation.
If it is the state I suspect, judging by the legislation quoted, there aren’t to many volunteers that are members of the union. And the salaries staff that are may not rock the boat. As they never tend to