Children and staff at an Aboriginal childcare centre are at risk after toxic soil was dumped on a construction site only ten metres away.
The Aboriginal community-controlled organisation, Yappera Children’s Service Co-Operative is based in Thornbury Victoria. The centre is a short walk from the Aboriginal Advancement League site at Sir Douglas Oval, which will be home to the nation’s first dedicated Aboriginal Women and Girls Sport & Wellness Centre.
As construction began for the landmark centre, the local community became concerned as signs warning of asbestos contamination popped up on the site fences.
Yappera CEO and Yorta Yorta and Dja Dja Wurrung woman Stacey Brown told NITV News it wasn’t until a member of staff spotted the asbestos sign, did they understand the risk to the centre.
Whilst Yappera is excited at the prospect of the women’s centre going ahead it has raised concerns about the health risks construction poses to staff, and children.
Ms Brown explained to NITV News that Yappera, and the construction site, sit on the site of an old tip. Through their own renovations, Yappera became aware of the dangers within the soil.
Construction site for new women's centre which contains toxic soil. Source: Supplied
"There are strict safety protocols in place around soil, once you disrupt the soil or move it, it can't be repurposed. It needs to be removed off-site. That has to do with the carcinogens in the soil,” she said.
"We know the soil issues, we've soil tested our site when we've done renovations. We know the safety measures that need to be in place.”
'We had two children wheezing all day'
For Yappera, the biggest priority is the health of staff and students.
Ms Brown noted that on the days the soil was moved there was a strong wind, and two children were sent home with respiratory distress.
"There was lots of soil in the air, we brought the children inside and we put towels in the gaps of the doors but you can't stop it all. We couldn't stop what was coming in through the ventilation and the tiny cracks in windows,” she said.
“We had two children wheezing all day, we sent them home.”
Ms Brown stressed the vulnerability of children and staff at the centre.
"Aboriginal children are known for having respiratory issues, and staff and children are even more vulnerable if they've had COVID. We feel that this gives those recovering at further risk,” she said.
The Construction, Forestry, Maritime, Mining and Energy Union (CMFEU) is advocating for Yappera, with their legal team compiling records of people who may have been exposed between March 3 and 9.
The soil has been dumped only metres away from Yappera childcare centre. Source: Supplied
The Union, in a post online, alleged that the companies have potentially exposed Yappera to “toxic soil, which may contain traces of toxic carcinogens including asbestos, arsenic and nickel”.
“These companies appear to have ignored the safety controls required by State OH&S laws to contain contamination, prevent exposure and reduce risk of people developing deadly diseases and illness,” they said.
“CMFEU has demanded that McMahon Services Australia provide the Construction Environmental Management Plan so that the potential exposure and harm to the Yappera community and workers can be assessed.”
Ms Brown told NITV News that Yappera had requested meetings with contractors since September 2021, and a copy of their Environmental Safety Management Plan.
“We wanted to see the management plan and we wanted a copy of the document that would say the movement of the soil was safe. The builder said they'd provide it, but they didn't,” she said.
Yappera also requested documentation along with soil analysis from PM Built, who is operating under McMahon Services.
Ms Brown said this information could be provided to families to inform to them about the risk to their children.
"PM Built said they are preparing a document that we could provide to the families ensuring there is no risk. That document was never provided,” she said.
“All we asked was they provide us with documentation assuring that the air and soil were safe. We feel that they have failed their duty of care to us, as a childcare centre sitting on the same site as the construction.”
NITV News has contacted McMahon Services and PM Built for comment.
Ms Brown said that CMFEU had supported Yappera in lodging a formal complaint with WorkSafe Victoria and the Environmental Protection Authority (EPA).
A WorkSafe spokesperson told NITV News that they have visited the site to "ensure the removal of any asbestos-containing materials is appropriately managed."
Tarp covering moved soil on site in Thornbury. Source: Supplied
'Should have been safe from the start'
According to Ms Brown, since WorkSafe’s involvement air monitoring vents have been installed and large pieces of thick, black plastic have been pulled over the soil.
"They've covered the soil with a thick, black plastic but nothing further has been done as we've observed. There's been no work on-site since early March, it stopped once WorkSafe became involved,” said Ms Brown.
“For all we know, there could be work happening outside of our hours, but we haven't seen any work on-site between 8 am to 6 pm Monday to Friday.”
Ms Brown welcomed the new safety measures but said it was too little too late.
“This is all stuff that should have been done in the beginning, not a reactive measure. It should have been safe from the start, especially with children close by,” she said.
"We are concerned for our community. We're very happy for the women's centre to be constructed as long as it’s done safely and in compliance with construction standards.
NITV News has contacted the CFMEU for comment.
