Written by: Katie Ferrier The diagnosis of black lung disease in a Hunter Valley coal worker in 2021—the first case identified since the 1970s —shocked Australia’s mining community. This landmark case, which resulted in a $3.2 million compensation award, shattered the dangerous illusion that modern safety standards had eliminated this devastating occupational disease.
Much like the lingering effects of asbestos and silicosis, which continue to haunt the Australian mining industry, this case serves as a stark reminder that some workplace dangers never truly disappear. The ruling also set a crucial precedent: regulatory compliance alone is not enough. Coal mines must implement stronger, more proactive measures to protect both their employees and the surrounding communities from unsafe coal dust exposure.
What is black lung disease?
Coal workers’ pneumoconiosis, commonly known as black lung disease, develops silently over many years—or even decades. Unlike an immediate workplace injury, its gradual onset makes it particularly dangerous.
Lessons from Wittenoom and Sunshine
Wittenoom, WA: Australia’s deadliest industrial disaster
Operating from 1943 to 1963, the CSR mine employed around 7,000 workers, while over 13,000 people called the town home. None knew they were living in a death trap. Over subsequent decades, thousands—including miners, their families, and residents of nearby areas—were exposed to deadly asbestos fibres, leading to a high incidence of asbestos-related diseases such as mesothelioma and lung cancer. To date, more than 2,000 workers and residents have died from diseases linked to asbestos exposure.
Sunshine, VIC: A neighbourhood poisoned
Operating until 1983, the factory’s deadly reach extended far beyond its walls. At least 16 people who lived within 1 km of the factory—none of whom ever worked there—have died from asbestos-related diseases. Another 8 are currently battling these illnesses.
Current black lung risks in the Hunter Valley
Are safety standards enough?
- Minor equipment deficiencies that accumulate over time
- Misaligned safety systems
- A gap between theoretical protections and practical reality
This disconnect between theoretical safety measures and their real-world application mirrors the situation in Queensland’s coalfields. In 2020, a cluster of black lung cases emerged there, despite similar safety protocols. Since 1984, the number of diagnoses of mine-dust lung disease (MDLD) in Queensland has risen to 133—up from 102 in February 2019. Of these, 40 cases are specifically coal workers’ pneumoconiosis.
Coal dust and community exposure
Who is at risk of developing black lung disease?
- High concentrations of airborne dust
- Duration of exposure
- The size of dust particles
- The presence of crystalline silica in coal dust
- Inadequate protective equipment.
Exposure risks for black lung disease
Direct exposure risks
- Underground mining operations
- Surface mining operations
- Coal processing facilities
- Maintenance workshops
- Loading and unloading areas
Secondary exposure risks
- Transport routes between mines and ports
- Communities along transport corridors
- Residential areas near mining operations
Understanding your workplace rights
The law requires mines to keep dust levels below certain limits, with New South Wales having strict exposure standards. In February 2021, a new limit for respirable coal dust was set at 1.5 mg/m³.
- Access to real-time dust monitoring data
- The ability to request additional monitoring in their work area
- The right to stop work if dust levels are deemed unsafe
- Regular medical screenings to monitor their health
- Access to their complete health surveillance records.
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Warning signs of black lung disease
- Persistent cough
- Shortness of breath
- Decreased exercise tolerance
- Black sputum
- Chest tightness.
- Chronic bronchitis
- Progressive massive fibrosis
- Significantly decreased lung function
- Respiratory failure
- Cor pulmonale (right heart failure from lung disease).
Determining when you have a black lung case for compensation
- A confirmed diagnosis
- Medical diagnosis of black lung (CWP)
- Confirmation from qualified specialists
- Supporting X-rays and lung function tests
- Documentation of exposure
- Evidence of workplace exposure to coal dust
- Employment records from affected areas
- Witness statements if available.
Important legal principles
- You can only sue when the disease develops, not for fear of future illness
- Claims can involve multiple employers if you were exposed at different sites
- Compensation may be available for both direct and indirect exposure in some cases.
Find out how much you can claim today.
Taking action
- Medical steps
- Seek immediate medical assessment
- Request a comprehensive respiratory examination
- Maintain copies of all medical records
- Start documenting your symptoms
- Documentation
- Record your complete employment history
- Document any exposure incidents
- Keep copies of workplace safety reports
- Maintain a detailed symptom diary
- Legal consultation
- Seek early legal advice
- Keep records of all communication
- Don’t delay – early action can make a difference.
