D R Johnston Group Pty Ltd v Starr and Smith

BACKGROUND 6 The appellant conducted an abattoir at Guyra in the northern tablelands of New South Wales. The abattoir was part of the Australian Meat Processing Group, a large Australia wide organisation with some 4,000 employees. Cattle were slaughtered in it and their meat prepared for sale, including sale in the export market. In addition, the hides of the slaughtered beasts were dressed and treated so that they too could be sold. There were also other by-products resulting from the operations conducted by the appellant. 7 The abattoir had been in existence for some considerable time. Prior to 1991 sheep as well as cattle were slaughtered there. However, in about 1991 the slaughtering of sheep was abandoned. Although this led to a decrease in the work force, it was common ground between the parties that it settled at slightly in excess of 300. This was the situation at the time Mr Smith and Mrs Starr contracted Q Fever, which manifested itself in December 1994 after a short period of incubation.. 8 There had been cases of Q Fever in the Guyra abattoir over the course of some years before 1994. Well before that time Q Fever was known to be a zoonotic disease caused by organisms known as rickettsia. They are found in the amniotic and synovial fluids, the blood, the offal and the manure of animals. The disease is capable of being transmitted by the inhalation of air borne particles in the nature of an aerosol which, unless adequate steps are taken, would be likely to be generated in various areas of the abattoir. 9 After a number of reported cases of Q Fever at the Guyra abattoir, reports were prepared by various authorities; one in 1987; two in 1988. Each identified deficiencies in the hygiene and protective systems within the abattoir. Although some steps were taken as a result of the recommendations in those reports, no air conditioning or filtering of the air in the workplaces was installed nor provision made for the supply of protective masks for employees. 10 Mr Smith was employed at the abattoir checking the condition and quality of hides and their dressing, as part of the quality assurance procedures in place in the abattoir. His work involved him in moving between different work stations within the establishment. In various of these he was exposed to blood, animal manure, the amniotic and like body fluids of and from slaughtered beasts and sprays that resulted from particular workplace processes, including the high pressure washing and spraying of hides undertaken within the abattoir. These substances remained partially airborne in the form of a mist or aerosol capable of being inhaled. No protective masks were provided for him or other employees. 11 At all relevant times Mrs Starr was employed as a packer in the boning room. The boning room was the place in which meat was packed into cartons. Her duties brought her into contact with the meat of the slaughtered beasts and from time to time with animal manure. The boning room was closed off and always cold, presumably to maintain a low temperature for the meat that was being boned and packed. There was a fan outside the entrance to at least one of the doors and the evidence indicated that the air introduced into the boning room by such fan, and otherwise, was unfiltered. 12 Mr Smith first worked at the Guyra abattoir in 1984. He was then a contractor and continued in such capacity until 1991. However, following the cessation of sheep slaughtering at the abattoir, he became an employee of the appellant, commencing in that capacity on 10 July, 1991. He was still employed at the time he contracted Q Fever. 13 Mrs Starr began working for the appellant at its Guyra abattoir on 12 February, 1991. In June, 1994 the abattoir closed down. Mrs Starr was then retrenched, but was re-engaged by the appellant at the abattoir in October 1994, following its re-opening in September, 1994. 14 The appellant closed its abattoir at Guyra permanently in May, 1996. Mrs Starr was then retrenched. Mr Smith had already been retrenched in October, 1995.