02:26 pm, Friday 23 May, 2008
Source: Lithgow News
There was an air of public discontent at an open meeting held at Wallerawang on Thursday night to discuss issues relating to Howard and Sons Pyrotechnics and the fallout from the explosion at the facility in Pipers Flat Road on December 6 last year.
The community disquiet comes as both Howard and Sons and the community in general continue to wait for the results of a Workcover investigation into the blast.
Now, almost 20 weeks on, both the company and affected residents are still waiting for Workcover to tell them the cause of the blast — with many unable to get on with their lives because of insurance and financial issues.
Around 120 people gathered at the meeting, called by Howard and Sons directors Andrew and Christian Howard, held at the Memorial Hall.
Many were landowners adversely affected by the blast who put pointed questions to the Howard’s directors and to other members of the panel.
Also present were three Workcover NSW representatives, Member for Bathurst Gerard Martin, a representative from ‘Technical Assessing’ and Lithgow City Council general manager Paul Anderson and Mayor Neville Castle.
Councillors Wayne McAndrew, Howard Fisher, Barbara Moran and Margaret Collins sat in the public gallery.
The major incident at the Howards site occurred around 10 pm on Saturday December 8, 2007 when a huge explosion rocked Wallerawang, Portland and Lithgow and was mooted to have been felt as far away as Blackheath and Mt Wilson.
Evidence of the blast was witnessed by hundreds with vivid flashes lighting up the night sky.
The meeting provided an opportunity for residents affected by the explosion to have their questions answered by Howard and Sons, Workcover NSW and Lithgow Council.
Many are understandably angry at the slow process of the Workcover investigation into the incident and Council has also criticised the situation.
The meeting was told many have been unable to live in their homes for the past four and a half months and are facing substantial financial and emotional losses as a result of the explosion.
Those most affected are residents of Willowvale Lane.
Another incident occurred on March 28 this year with a smaller explosion in a burn chamber at the rear of the Howards site.
In opening Thursday night’s meeting Andrew Howard told those in attendance that his company had received no details or information about the Workcover investigation into the incident.
Mr Howard said the company had no ‘firm plans’ for rebuilding at the site but was undertaking work and research into better ways of moving forward for the future of the company and the Wallerawang community.
He announced that Howard and Sons would not be putting on any further public fireworks displays such as those held for the local rugby league side due to the sensitivity felt by many in Wallerawang to fireworks and explosions.
Nor will they be conducting any further night testing.
Workcover NSW State Coordinator Doug Evans introduced himself as head of the department dealing with dangerous goods, including fireworks and explosives.
He said Workcover has had two investigators talking with witnesses and neighbours in recent months to ascertain the cause of the explosion.
Mr Evans invited anyone who has not yet been interviewed by Workcover in relation to the incident to come forward.
He outlined the investigation process, involving complex techniques and blast pattern analysis.
This will be put together with all statements and once all valid and relevant information is compiled a report will be passed on to the Coroner (as is the case with all major explosions and incidents of this nature).
Mr Evans said that Workcover’s report into the Howard’s incident will become public only once the Coroner has been informed.
He said his department was still in the investigation phase and it would be some months before a final report would be ready.
He told the meeting the Howards site had been built to Australian Standards and to Workcover regulations.
Mr Evans also stated that it was obvious from the Howard’s incident that Australian Standards do not ensure public safety and that Workcover would now look towards a more national consensus for the regulation of pyrotechnics.
An insurance agent acting on behalf of Howard and Sons said a ‘clear liability’ needed to be established before any public liability payouts could be made.
Andrew Bristow said that Technical Assessing would not be able to act on any losses or claims until an actual cause of the incident was established through the Workcover investigation.
He said a record of losses could be submitted by concerned landowners in the meantime but no offers or admissions would be made because “the actual cause of the incident has not been proved at this point”.
Lithgow City Council general manager Paul Anderson also addressed the meeting, saying Council had been conducting a ‘desktop audit’ into the consents granted to the company for its operations.
Mr Anderson said Council had received full compliance from Howard and Sons and had undertaken an inspection of the entire facility.
He said Council had commenced, but not yet completed, the audit but was also in the process of looking at the standards now being applied to the construction of similar facilities in other areas.
He confirmed that any redevelopment of the site would be conditional on new consents and that Council was looking to consult with explosives experts outside the State for advice on the issue.
The meeting was then opened up to the public with a number of pointed questions put to Howards, Workcover and the Council.
Each was given good support by those on hand, with the gathering applauding each of the community speakers.
Wallerawang resident Cill Van Der Velden stated she lived a kilometre from the Howards site.
She asked numerous questions relating to army munitions, black powder, mining explosives, licensing and risk assessment criteria.
Mrs Van der Velden stated it had ‘obviously been proved that the facility was not set up to deal with an explosion such as what happened’.
She also asked about storm evacuation procedures and commented on a buffer zone that she considered ‘entirely and utterly inadequate’.
Andrew Howard responded and said Howards were licensed to hold all materials that were on the site at the time of the incident and said he would be happy to take Mrs Van der Velden’s questions on hand and provide her with concise answers.
Pip Van der Velden, one of the residents worst affected by the explosion, asked why residents near the facility had been evacuated because of a possible storm the day following the incident.
He was told by both Andrew and Christian Howard that there were concerns about products outside storage areas with unexploded pyrotechnics increasing a risk of storm impact.
Numerous questions pertaining to insurance issues were put to the panel, with many residents facing out of pocket expenses and battles to claim their damages.
Several complained that they were being held captive by their insurance companies with many refusing to make adequate payments or pay out claims.
There was a general discontent among affected residents with the length of time being taken to resolve the situation.
Many expressed problems with engineers understanding the situation and assessing the damages involved.
Now, four and a half months after the incident, several families have been unable to return to their homes because of substantial damage.
They have been forced to live with others and continue their battles with insurance companies and banks while they wait on the Workcover investigation to be finalised.
Andrew Howard asked for help from Member for Bathurst Gerard Martin to expedite the investigation and its ensuing report.
Mr Martin said those experiencing trouble with their insurance companies were able to explore avenues available to them through the Department of Fair Trading and the relevant Ombudsman.
He said he would be looking to gather those affected together to ensure they got the best advice on how to proceed.
Wallerawang resident Michael Quinn outlined his family’s plight following the blast.
He was given no assurance of a timeframe for the handing down of the Workcover report.
He was told that once the Coroner made a report on the issue it would become a public document.
Workcover’s Doug Evans told him this was ‘legal due process’.
Mr Evans compared the Howards site to that of a plane crash — a ‘painstaking’ technically complex investigation.
“We will make every endeavour to do our part of the job as quick as we can,” he said.
Mr Quinn was also told by the insurance representative on hand that cause should not be an issue for claims on household property damage, as is the situation for public liability.
Cr Howard Fisher also spoke on the issue and asked his questions of Workcover.
Cr Howard asked why Howards were being allowed to continue operating and asked for a guarantee for the people of Wallerawang that such an incident could not be repeated.
He was told by Mr Evans that interim and clean up arrangements needed to be made because there was a substantial amount of pyrotechnics still at the site.
He said Workcover had enforced a 1.1 storage requirement for magazine separation distances to reduce risk.
Cr Fisher expressed his dissatisfaction with the issue, saying that many residents had been badly affected by the incident, but the company was allowed to ‘get on with business’.
Andrew Howard told the meeting that the site now housed just 25 per cent of what it held prior to the incident, all stored at the required safety distances.
Wallerawang resident Di Van der Velden also spoke, putting forward her concerns for the families and residents affected.
She said she had conducted a survey of residents and wanted Howards to read and consider the responses.
Andrew Howard said he was well aware of the distress caused to local families and their discontent with having to wait so long for resolution.
He said he and his company were also playing the waiting game, being forced to wait on the results of the investigations.
Cr Barbara Moran and asked the course of action to be taken should a cause for the incident not be able to be pinpointed.
She was told by Mr Evans that Workcover would be trying to find a technical cause and in its duties as a workplace authority would be looking to ensure the community of employees and the greater community.
“All we can do is come up with the likely cause and give it to the Coroner,” he said.
He then assured Cr Wayne McAndrew that the investigation would be completed ‘within the next few months’ to be handed to the Coroner.
Mr Evans also told Mayor Neville Castle that Workcover would be looking to enact new rules in line with knowledge taken throughout the course of the investigations.
Natalie MacCullagh, partner of Michael Quinn, then told the meeting of her family’s distress since the December explosion.
Ms MacCullagh said the family (including four children) had been forced to move out of their Willowvale Lane premises.
“I would never wish this on anyone else at all,” she said.
She criticised Council for allowing the site to be constructed so close to residences in the first place.
She said her children refused to return home and were now afraid of fireworks and loud noises.
She said the experience had caused nothing but ‘trauma, stress, grief and anger’.
She said she would feel more comfortable if the factory was moved elsewhere.
Council’s general manager Paul Anderson said the Howard and Sons site was in a general rural zoning where industrial activity was a permissible use.
He then outlined the consent and conditions needed to be satisfied by Council and other Government departments for the site to be approved.
Ms MacCullagh said it was her opinion that the site had been approved ‘quickly and secretively’.
Mr Anderson responded that the development had been notified and advertised in agreeance with the Local Government Act and had that Council had received just one submission at the time.
He said Council had given a legal valid consent as the application satisfied the current conditions of the time.
“If the owners of the site want to remain there, there’s not a lot we as a Council can do,” he said.
Mr Anderson did guarantee that any new development would be dependent on new consent and conditions.
He said Council was looking at consulting with explosives experts outside of NSW to obtain advice on the best practices.
Many residents whose homes surround the Howard’s site expressed their anger at their properties being devalued as a result of the incident.
Many face lengthy battles with their financial institutions.
They also voiced concerns for those in close proximity to the factory, with just a 300 metre buffer between the site and residential houses not believed to be sufficient.
Christian Howard said the facility had been built to standards and regulations with all stipulated safety distances as required.
He said it was now obvious that these prescribed distances were not sufficient.
Resident Snow Van der Velden also spoke on the issue, calling on Howard and Sons to ‘move away’ until the Workcover report could be furnished or a cause of the incident was able to be established.
Andrew Howard said he would continue to run his business in a legal and appropriate manner while also trying to minimise the effects of any incident and its impacts on the community.
Residents were assured by Workcover that any rebuilding at the Howard and Sons site will be held to much higher standards with a more conservative approach.
Mr Evans said the redevelopment would be forced to comply with mass explosion standards such as those used for the storage of munitions.
He said that the lessons learned from this incident are being applied already.
Di Van der Velden returned to speak, pointing out a number of what she believed to be discrepancies between consent given to Howard and Sons by Council and the actual construction of the site.
She said her investigations into the original development application said that residents would be 500 metres away, when in fact both the Quinns and the Van der Veldens lived just 350 metres from the site.
Ms Van der Velden criticised the system of consent, saying that the community had not been properly informed about activities to be carried out on the site.
She told the meeting that Workcover licensing meant that several changes had been made after Council had already approved the development.
Andrew Howard closed the meeting and invited all those with any further concerns or questions to contact himself or Christian for further information.
He said the purpose of the meeting had been to raise valid issues and to go forward for the future.
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