James Hardie Pay Out Handyman in Asbestos Settlement

In a landmark settlement, asbestos manufacturer James Hardie settled with a local Adelaide home renovator who developed mesothelioma due to asbestos exposure. The settlement marks an interesting development in asbestos-related case law in Australia.

Home renovators tend to face the biggest risk of exposure. Australia banned the use of asbestos in 2003, however, many older homes still can contain harmful fibres.

In Amaca Pt Ltd v Werfel [2019] SASC 29, Amaca, formally ‘James Hardie’; a major products manufacturer that utilised asbestos in its products over several decades, was found at fault for failing to educate renovators about the dangers of the materials used within the manufacturing of its products.

Here is a closer look at this case and how it highlights the need for asbestos awareness training.

Renovator Was Diagnosed with Mesothelioma in 2017

The story begins in the late 1990s. Mathew Werfel was renovating several homes. Mr. Werfel was exposed to asbestos fibres whilst sanding and painting the eaves of the house. As with many home renovators, Mr. Werfel assumed that the eaves on the home were safe. He outlined that you cannot easily detect the difference between asbestos sheeting and gyprock with a simple physical inspection.

Despite the enacted asbestos ban in the Australian building industry, older homes may still possess materials made with the deadly material.

After a mesothelioma diagnosis in 2017, Mr. Werfel sued James Hardie (Amaca); the manufacturer of the eaves on the homes that he renovated.

Defence lawyers for James Hardie argued that Mr. Werfel was a smoker and that the balance of probabilities couldn’t be established as the plaintiff had insufficient evidence linking exposure to his rare form of cancer. However, upon appeal, the South Australian Employment Tribunal ruled in favour of the plaintiff and awarded Mr. Werfel #3m in damages.

Part of the Third Wave of Victims Exposed to Asbestos

Mathew Werfel is not alone. He is part of a ‘third wave’ of victims coming forward with claims for mesothelioma linked to asbestos exposure.

The first wave includes those exposed to the material in the mining industry and workers in asbestos factories. The second wave includes the tradesmen who used the material.

The first two waves involved direct exposure to the material before the dangers were widely known. The third wave includes victims exposed to the material after the ban, mostly through untested materials in homes and buildings.
In 2018, over 700 Australians filed compensation claims for mesothelioma. Over half of those claims were against James Hardie and the majority involve home renovators.

To assist in the settlements, James Hardie established the Asbestos Injuries Compensation Foundation (‘AICF’). However, some analysts expect the future awarded claims will exceed the $1.8 billion that James Hardie has placed into the AICF.

Advocates want James Hardie and other manufacturers to take responsibility for their past mistakes. Whilst these companies have already ceased manufacturing with asbestos, people want to increase awareness of the dangers of exposure.

Asbestos Awareness Training for Renovators

One proactive step that renovators can take is learning how to identify harmful fibres. Understanding the types of materials that are most likely to contain asbestos allows renovators to avoid work that involves direct exposure.

After World War II, builders used asbestos cement for over half of all homes built in New South Wales. By the late 1960s, about 25% of all homes in Australia had asbestos cement cladding. The harmful material has not appeared in domestic building materials since the late 1980s. Homes built before 1990 may contain some form of an asbestos product.

Through awareness training, home renovators can develop the skills and knowledge needed to remain safe while completing renovations on older homes.

The case against James Hardie is just one example of the dangers of exposure. If you currently work as a home renovator, ensure that you understand these dangers and how to avoid them. Consider enrolling in an awareness training program.

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    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 9th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 9th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 9th - Jul 10th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 10th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 11th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 13th - Jul 14th

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 16th - Jul 17th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 16th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 16th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 17th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 20th - Jul 21st

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 23rd - Jul 24th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 23rd

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 23rd

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 24th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    Enquire now

    Sold out

  • Jul 27th - Jul 28th

    CPCCBC5014A Conduct Asbestos Assessment

    Brisbane (Brendale)

    $997

    Book now

    Sold out

  • Jul 27th - Jul 28th

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 29th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 30th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 30th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 30th - Jul 31st

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 31st

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Aug 3rd

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Aug 4th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Aug 6th

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Aug 7th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Sep 3rd

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Sep 4th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Sep 7th

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Sep 8th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Oct 1st

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Oct 2nd

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Oct 5th

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Oct 6th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Nov 2nd

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Nov 3rd

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Nov 5th

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Nov 6th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Dec 3rd

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Dec 4th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Dec 7th

    CPCCDE3014A Remove non-friable asbestos

    Read more

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Dec 8th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • No scheduled courses - please call us to discuss your requirements

Latest OHS news

Ep 33 Tap into Dr Susanne Bahn’s innovative online safety & mental health program

Read more

Ep 32 Special Counsel Jeremy Kennedy explains how new NSW legislation wipes ability to insure

Read more

Ep 31 Sarah-Jane Dunford juggling 3-4 health and safety businesses incl Hunter Safety Awards

Wow Sarah-Jane is dynamic and fast moving. At 40, she's very busy running Riskology Consulting, the Hunter Safety Awards, a new software project as well as the local branch of the Australian Instit...

Read more

Ep 30 Steve McLeod, Fire and Safety Australia / NSCA owner, explains how he did it!

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Testimonials

“In over 20 years of training, this was one of the best courses I’ve ever attended.”

Queensland Rail

“Great! The instructor made it interesting and enjoyable”

Leighton Contractors

” We heard that AlertForce delivers one of the best courses around so the boss decided to send me to Australia from New Zealand.”

Participant Public Course

“I liked the trainer’s positive outlook and uplifting approach towards completing the long day.”

Visionstream

“Very competent training course. Trainer was very knowledgeable on subject.”

Servicestream

“AlertForce provided an excellent trainer,  knowledgeable on the topic and allowed for active questioning.”

DHS

“Informative and concise training delivered at the right pace.”

AFMA.gov.au

“The Trainer was very engaging”

Fair Work Commission

“Interesting, informative, relevant.”

Airservices Australia

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