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Working for Tyco Electronics gave me an incurable brain desease Australia
Contamination level: Feeling violently sick all the time.
Author: Lillian Created: 10 May 2010 Updated: 10 May 2010 Viewed: 4494 time(s)
Working in an EMR environment at Tyco Electronics in Australia gave Lillian Dystonia, an incurable brain desease
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Working for TYCO gave Lillian Dystonia, an incurable brain disease, by EMR penetration through the walls. Created: 10 May 2010
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WSMS Complaint Report -1-150791
____________________________________________________________________

TRIM
File Number: 2007/000122
Document Number: D07/029201
Location: Wall Colin - Active

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Reference Details
Reference Number: 1-150791 Entered By: Steve North
How Received: Phone Status: Complete
Date Received: 27/03/2007 Action Status:
Managing Unit: Manufacturing Team - Manufacturing
Allocated Officer: Wall Colin Active


Categorisation
Type of Complaint: OH & S Industry Type: Manufacturing
Nature of Complaint: Source: Complaint
Legislation: OHS Category: 2 Medium


Acknowlegment
Receiving Unit: Manufacturing Team Manufacturing
Acknowledged By: Phone
Date acknowledged:
Workers Compensation
Policy Number: 1SF0017975GWC154
Claim Number:
____________________________________________________________________________________________
Dulmison Ave NORTH WYONG NSW 2259
Complainant name is Lillian and she was am employees of Tyco Electronics Pry Ltd.
Lillian worked in an office environment at Tyco located at Nth Wyong.
Lillian concerns are for employees still working at Tyco Pry Ltd
Employees are apparantly being exposed to magnetic fields well in excess of the exposure limits and this is having an adverse effect
on thier health safety and welfare.
Lillian has supplied me with extensive documentation relating to this issue which first began on the 9/12/2002.

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WSMS Complaint Report - 1-150791
Interested Parties
__________________________________________________________________________________
Role: Complainant
Party Name: Lillian
Address:

Phone:
Other Phone:
Role: Party Against
Party Name: TYCO ELECTRONICS PTY LIMITED, 31000260622
Address: Dulmison Ave
NORTH WYONG NSW 2259
Phone: + 0 9840 8200 Fax:
Other Phone: E-mail:

Actions
Source: OHSD Action Date: 28/03/2007
Type: Allocate File Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes
Allocated officer: Colin Wall
Description:

Source: OHSD Action Date: 4/04/2007
Type: Filenote Applies to File: 2007/000 1 22
Job Type: Duration: 0.00
Task Type: Completed: Yes
Allocated officer: Colin Wall
Description: Have had several lenghty discussions with TC Ted Dugdale re this issue. The matter is progressing in a methodical manner. Information is being sought prior to an anticipated visit next week. 4/4
Source: OHSD Action Date: 20/04/2007
Type: Filenote Applies to File: 2007/000 122
Job Type: Duration: 0.00
Task Type: Completed: Yes

WSMS Complaint Report - 1-150791
__________________________________________________________________________________

Source: OHSD Action Date: 24/04/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall
Description: Spoken to Ted reagrd this matter have spoken to Peter Harley re Interpretation of Tests. Appointment with Ted at Blacktown office on Wed 9/5/2007 to further discuss

__________________________________________________________________________________________________
Source: OHSD Action Date: 14/05/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall

Description: Meeting at Blacktown office (Wednesday 9/5/2007) with Ted Dugdale Myself also present was Eugene and
John both (ELIs) Discussion regard to process of gaining further information. Requests willl be made for
Further info therefore allowing us to have some comprehensive data for comparison. I will be contacting David
Fairman of Telco for the purpose of supplying this information. ,
__________________________________________________________________________________________________

Source: OHSD Action Date: 27/05/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall

Description: Please see inspectors report
Safety Committee

In Place: Committee Complaint Action: No Action Taken to Date
Contacted: Yes Complaint Source: Member of the Public
Associated Complaints
_____________________________________________________________________________
Inspectors Report

Report Date: 24/04/2007 Informed By Phone
Inspector's Rec: No Further Action Informed Date: 28/03/2007
For Review: Yes Satisfied: Yes

WSMS Complaint Report - 1-150791
__________________________________________________________________________________

Source: OHSD Action Date: 24/04/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall
Description: Spoken to Ted reagrd this matter have spoken to Peter Harley re Interpretation of Tests. Appointment with Ted
at Blacktown office on Wed 9/5/2007 to further discuss

_____________________________________________________________________________________________________
Source: OHSD Action Date: 14/05/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall
Description: Meeting at Blacktown office (Wednesday 9/5/2007) with Ted Dugdale Myself also present was Eugene and
John both (ELIs) Discussion regard to process of gaining further information. Requests willl be made for further
info therefore allowing us to have some comprehensive data for comparison, I will be contacting David Fairman
of Telco for the purpose of supplying this information
___________________________________________________________________________________________________

Source: OHSD Action Date: 27/07/2007
Type: Filenote Applies to File: 2007/000122
Job Type: Duration: 0.00
Task Type: Completed: Yes

Allocated officer: Colin Wall
Description: Please seen inspectors report

Safety Committee ___________________________________________________________________________
In Place: Committee Complaint Action: No Action Taken to Date
Contacted: Yes Complaint Source: Member of the Public
___________________________________________________________________________________________________
Associated Complaints

Inspectors Report
___________________________________________________________________________
Report Date: 24/04/2007 Informed By: Phone
Inspector's Rec. No Further Action Informed Date: 28/03/2007
For Review: Yes Satisfied: Yes

WSMS Complaint Report - 1-150791
_________________________________________________________________
Action Taken: Have visited site. Spoken to Alec McCormack, Cindy Malafant. manager Barry Fairman also Eddy Batten
Production Planner and worker rep Kevin Alexander.
The office Lillian was working in has now bee relocated to Berkley Vale there are now no officer staff in that office.
On an inspection of the outer perimeter of the office there was no machinery located against the walls that could account for EMR penetration through the walls. There was machinery through out the factory, however there was nothing out of the ordinary most were John Heine presses, there was a welding bay and other usual factory equipment. There was a test area located some 150 metres from where Lillian desk was located in the office. I will examine the documentation that has been forwarded.
The latest test results have been given to me, however Lillian insists that the testing company is less than desirable and lack the qualification to carry out this type of testing.
The test person is an Occupational Hygienist and not an electrical engineer (There was a statement contained in the Lincoln report that raised attention that any one can hold a metre. Possibly suggesting that with out appropriate qualification they may not know what appropriate test methods may be
1 requested a copy of the Injury register and have noted several unusual events contained therein. Barry Fairman is sending me further documentation
Barry Fairman has forwarded to me several documents related to events. In these documents there is information that supports that there may never been unusual readings dating back to 2003.
1 have a meeting with TC Ted Dugdale relating to this complaint on Wednesday 9/5/2007.
Report
Tyco Pty Ltd / Lillian
Background
On 27- 3- 2007 Lillian lodgde a complaint (1-150791). The nature of the complaint related to high levels of exposure to Electromagnetic Fields (EMF) / Electromagnetic Radiation (EMR) in the workplace.
Lillian forwarded additional information that was to be attached and used by way of support to reinforce the validity of the complaint. Further information contained in the additional documentation provided by Lillian alleges that the company appeared to do nothing to rectify the issues and that the company was not prudent in awareness consultation with staff.
It was further stated that the company failed to disclose information relating to results of reports to staff and that they exhibited less than due diligence by deliberately not disclosing information by withholding and denying certain issues, hazards, related information and report existence. It is also implied that the company managers with purposeful intent disguised possible hazard information and denied any possible health risks existed that could be associated with the hazard issues raised.
Lillian stated that the issue dated back for some time and that her concern was for fellow workers. Inspector Steve North had taken the complaint while on Manufacturing Team duty phone. Lillian spent quite some time on the phone with Inspector North and followed up the initial call with several lengthy calls over the following week.
Lillian subsequently forwarded an extensive amount of documentation, the documentation giving descriptive information on the events and happenings at the Tyco Pty Ltd workplace and included (EMF / EMR) reports relating to test results for (EMF / EMR).
Further information provided by Lillian was that the issue of (EMF / EMR) levels had been raised as early as 2002, therefore the management were well aware of the hazards associated with exposure to possible higher than acceptable levels of (EMF / EMR) and that probable (EMF / EMR) hazards existed.
Lillian states that in her opinion there have been many cover-ups (Sic) by the managers and company in relation to this issue of high levels of (EMF / EMR) exposure of workers in the workplace at the Tyco Pty Ltd / Dulmison Pty Ltd premises at Dulmison Avenue North Wyong 2259 NSW.
Other issues raised in the complaint documentation by Lillian related to extremely unfair treatment toward her by management and other staff, issues of this nature could be identified as surmount to a practice of bullying and harassment in the workplace.
Investigation
1. It appears that the company Dulmison Pty Ltd is a subsidiary of Tyco Pty Ltd.
Lillian at age 37yrs was first employed by Dulmison / Tyco in 2000 as a casual employee. In November 2002 Lillian was offered a permanent position with the company as a purchasing clerk, Lillian accepted the position.
2. During the period 2002 and onwards Lillian stated that she was experiencing some unwelcome
issues with her then manager's and was suffering from headache, tiredness and other unwell feelings,
Lillian stated that she put these unwell feelings down to stress caused by the issues with her manager (Peter
Ness).
3. Lillian further stated that at this same time around late 2002 she was experiencing a problem with
her VDU CRT computer monitor flickering, and therefore proceeded to inform the company IT person
(Sidney) of the event. Lillian stating that Sidney changed the monitor several times only to find
that there was no change to the problem of monitor flickering.
4. a) Lillian states that Sidney acquired a Gauss metre and commenced taking readings for (EMF /
EMR) levels in the immediate area.
b) Acting on behalf of the company Tyco Pty Ltd Sidney informed me that he made a purchased from
Mr. Don Nach who was proprietor of an electronic retail business. That purchase was a new but superseded
model Gauss meter. Sidney stated that he assumed that because the meter was new that the calibration of
the meter would be correct.
Therefore, Sidney stated that when he commenced taking readings for EMF / EMR he did so in the belief that the Gauss meter he was using was accurate.
To reassure himself of the accuracy of the purchased Gauss meter, Sidney, with the consent of Mr. Lincoln did a comparison test between his meter and Mr. Lincoln's test meter, which had recently been calibrated. This comparison test was conducted when Mr. Lincoln was on site to carry out test for EMF / EMR readings for TYCO Pty Ltd.
c) In a conversation with Sidney (Now relocated to Queensland, however still employed by the
company) Sidney states that he has no electrical or engineering training or qualification for carrying out
accurate readings using a Gauss meter.
5. Sidney further stated that he found that while using the Gauss meter in 2002, the reading's he was taking
in the immediate area of the flickering monitor and other surrounding areas appeared to be higher than
acceptable, Sidney stating that he made enquiries through WHO (World Health Organisation),
ARPANSA (Australian Radiation and Nuclear Safety Agency) and NH&MRC (National Health & Medical
Research Centre) web sites and a Mr Don Maisch to ascertain what the possible acceptable exposure (EMF / .
EMR) levels should be.
6. Sidney stated that he informed Lillian of the possible high readings and that these high reading were the probable cause of her computer monitor flickering, Sidney further advised Lillian that she should relocate her workstation to a different part of the office.
Lillian stated that concern over this information prompted her to approached Managers Mr. Rex Fraser, Mr. Barry Fairman and Mr. Peter Ness with a request for permission to move her workstation from that area of the office where the EMF / EMR reading were allegedly higher than acceptable. Lillian states that her request was denied, further stating that the managers informed her that there was no cause for alarm relating to unsupported claims that unsafe or higher than acceptable levels of EMF / EMR existed in the workplace.
7. Sidney states that in late 2002 he raised the high (EMF / EMR) level readings with management.
Further information suggests that manager Mr. Barry Fairman was dissenting in relation to this issue, however, manager Mr. Rex Fraser was accepting of this knowledge and idealistically sanctioned a remedial response to establish the existence of any hazard, with intent to eliminate or control that hazard.
8. Sidney further stating that manager Rex Fraser spoke to him (Sidney) and approved the engagement of competent accredited person (Electrical Engineer) to attend the premises at Dulmison Avenue with the intention of taking valid readings that related to the possible existence of high levels of (EMF / EMR) in the
workplace.
9. The issue of having (EMF / EMR) readings taken by a competent accredited person was address with the engagement of Electrical Engineer Mr. John Lincoln (BE Elec) of EMR Surveys Pty Ltd to carry out an inspection of the premises and to take accurate (EMF / EMR) readings.
Mr Lincoln completed his testing of the Wyong premises and handed up his report to the Dulmison Pty Ltd / Tyco Pty Ltd managers on Wednesday 22nd January 2003.
10. a. Information contained in Lincoln's report establish that in his pursuance of taking (EMF / EMR) readings at the Tyco / Dulmison Wyong premises it was founded that there were "no significantly high levels of (EMF / EMR), however there were several areas noted by Lincoln and documented in his report that revealed "higher levels of EMF / EMR than he would feel comfortable with."
Amongst these several areas was the inclusion of the location of Lillian workstation. Lincoln's test readings (Floor level 32.00 Mg, Waist level 12.30 Mg, Head height 8.20 Mg) Mg = milligauss
b. Lincoln's report also contained information including recommendations for appropriate remedial application's to thus possibly reduce the levels of (EMF / EMR) in the workplace areas as identified in the report.
11. Mr. Barry Fairman informed me that the company's position, as a result of the Lincoln Report and in line with direction of recommendation from the Lincoln Report, resulted in the company sanctioning the contract electrician Mr. Mario Debono to carry out certain electrical work.
This work involved new earthing arrangements to the main switchboard. This work was subsequently carried out on 31 st January 2003 and an invoice has been supplied to support this information.
12. The Lincoln report contained 4 recommendations that could, if implemented, possibly achieve lower levels of (EMF / EMR) in the workplace at Wyong.
The company has been unable to provide any documentation that could support any information or statement that more than 2 of these 4 recommendations were carried out. Invoices have been provided to support that these two attempted remedial work action were carried out.
13. At approximately 9:30 am on the 25th June 2007 I had conversation with Mr. Mario Debono contract electrician for Tyco Pty Ltd / Dulmison Pty Ltd.
During that conversation Mr. Debono informed me that he was approached by managers Mr. Bob Walker am Mr. Barry Fairman and told that there was a report from an engineer, and that that report identified the need for certain electrical work to be carried out in order to control levels of (EMF / EMR) in the workplace, subsequently he (Mr. Debono) was instructed by Mr. Bob Walker and Mr. Barry Fairman to carry out some work that may influence the levels of (EMF / EMR) in the workplace.
Mr. Debono informed me that he carried out the instructions and completed the work at the end of January 2003.
14. Mr. Debono informed me that in February 2004 for no known reason he was again approached by Mr.
Bob Walker and Mr. Barry Fairman to carry out certain work related to (EMF / EMR) issues. Therefore on
27th February 2004 Mr.Debone carried out work on the C & D sub-boards to balance the supply. Mr. Debor
also informed me that while he was not an Electrical Engineer he has had many years experience as an
electrician and that in his opinion the work he carried out in January 2003 and the work he carried out in
February 2004 would have had little or no effect on (EMF / EMR) levels.
15. During the period commencing from Sidney's purchase of the new Gauss meter until his relocation to
Queensland in 2005 Sidney informs me that he conducted random testing for EMF / EMR levels in and
around the Tyco Pty Ltd Wyong workplace.
The random test results displayed by the meter indicated that the EMF / EMR levels (Measured in Gauss) th< meter was reading were always higher than what he believed were acceptable, base on his information from Nach, WHO, ARPANSA and NH&MRC.
Although Sidney confides that he had taken reading from 2002/2003 up until 2005 he admits that he neglected to document those readings.
16. During a conversation with Mr. Barry Fairman, I enquired as to his, Bob Walker's and Rex Fraser's
background that may relate to some trade that could or would qualify any of them to instruct a qualified
electrician such as Mr. Debono on what work or procedure was needed to alter levels of (EMF / EMR) in the
workplace. Mr. Fairman informed me that to his knowledge Bob Walker, Rex Fraser or himself (Barry
Fairman) had no trade or academic qualification that related to electrical work.
17. During 2003 Lillian states that she continued to feel unwell, therefore in December 2003 Lillian arranged an appointment to see her doctor (Dr Cooray) who in turn referred her to a neurologist (D:
Michael Hayes).
On 15/1/2004 Lillian attended the rooms of Dr Hayes who subsequently diagnosed her as having Dystonia an incurable brain disease.
18. Lillian stated that she returned to work and was now receiving treatment for her condition, Lillian stating that she was still feeling uncomfortable at work due to the treatment of her from the managers and fellow workers.
19. In January 2004 Lillian states that she spoke to manager Rex Fraser regarding her dystonia and that she was still concerned over EMF / EMR radiation levels. Again Lillian requested permission to relocate her workstation to another part of the office, Lillian states that the managers, maintained that there were no safety issues involving levels of EMF / EMR, and therefore met her request with refusal along with a denial that there was the existence of any reports relating to high levels of EMF / EMR.
However, eventually (Possibly around mid 2004) after another person left the employ of the company, Lillian states that she was allowed to relocate her workstation to another part of the office.
20. Lillian further stated that the unpleasant treatment directed towards her from fellow workers and management continued, causing her further anxiety and depression.
21. If Lillian recollection and statements of the adverse treatment events directed to her from management and fellow workers were to have some supported validity, it would not be unreasonable to considered that the behaviour of those persons would appear to have been abominable.
In a conversation with Sidney in July 2007 Sidney informed to me that although he was not witness to adverse treatment directed toward Lillian. he had been informed by several individuals that some fellow workers and managers' treatment toward Lillian could easily be described as, at best unpleasant. Sidney also stated that the manager were in denial over the existence of the Lincoln Report or any possible high levels of EMF / EMR in the workplace.
22. Mr Fairman maintained that the company has a bullying harassment policy in place. However it would appear that if Lillian could support her interpretation of events, then it would not be unreasonable to consider that while the company may have a bullying harassment policy in place it could be assumed that that policy was not being applied.
23. Lillian states that she was driven to beyond being able to cope with not only the treatment from he work environment but her medical condition as well, attended her doctor who subsequently provided her with a WorkCover medical certificate stating that she was suffering from work related anxiety and depression. Lillian has from the 22/3/2006 to this date been on workers compensation claiming that she is suffering from anxiety and depression.
23. Lillian stated that on the 22nd June 2006 she gained knowledge of the existence of the Lincoln report and commenced perusal of it. After examination of the Lincoln report Lillian was able to ascertain that (EMF / EMR) levels in some areas were higher than Mr. Lincoln felt comfortable with, and further that high levels had been detected in the vicinity of her workstation, also evident in the report was advice on rectification work which could assist in eliminating, control or reducing the EMF / EMR levels.
Lillian, since reading the Lincoln report states that the evidence contained in the report supports that levels of EMF / EMR were high in her work area and that the company managers, after receiving the report i January 2003 did deliberately and intentionally withhold the information contained in the Lincoln Report from her and other workers.
25. Lillian was now in possession of information that there were possibly higher than acceptable level of (EMF) / (EMR) actually existing at and near her workstation and that she may have been exposed to those high levels.
Lillian further stated, that the high readings contained in the Lincoln Report had a similarity to the levels discovered, then informed to her by Sidney back in 2002/2003. Lillian then decided to confide this information to her neurologist Dr Michael Hayes, enquiring as to any link between exposure to EMF / EMR and her Dystonia.
26.
a) Lillian Neurologist Dr Michael Hayes would not commit himself regarding any association or link between (EMF / EMR) exposure and Dystonia, however Lillian states that during the coarse of he treatment Dr Hayes committed himself to a statement that undue stress could exasperate her condition.
b) Please find below extract from Dr Michael Hayes Neurologist's notes-:
This 43-year-old woman has moderately severe cervical dystonia and superimposed dystonic head tremor. In most cases the cause of this condition cannot be established (idiopathic or primary) although it is broadly accepted that most individuals probably have some form of genetic susceptibility, which may require a trigger for the expression of the disorder. There is quite a large literature about the role of injury triggering the onset of the disorder, and this has certainly been documented in individual cases, but this view is certainly not universally accepted. I have seen quite a large number of people with this condition and don't recall anyone ii whom an antecedent event has been satisfactorily demonstrated! A putative association with electromagnetic radiation is (as far as I am aware) even more obscure.
By contrast, it is widely recognised that anxiety, stress and fatigue exacerbate all forms of dystonia. I don't believe that there has been substantive change in the underlying severity of Lynette's cervical dystonia and dystonic tremor in the last couple of years but feel that the recent marked deterioration in symptoms is almost certainly attributable to increased anxiety and emotional distress that she attributes to work-related events. In this sense it could be construed that the severity of the condition is work-related although this is highly-unlikely to be the primary factor. In much the same way, it could be viewed that her current employment conditions (which she sees as adverse) are probably contributing to her deterioration. At the time of the last review it was clear that she was not fit enough to perform selected duties in the workplace; it should also be recalled that she was managing reasonably well early in the year (February 2006) when her levels of stress and anxiety were substantially lower.
27. Lillian apparently gained a Workcover medical certificate from her physician Dr Cooray stating on the WorkCover certificate that Lillian was suffering from an illness called Dystonia and that the illness (Dystonia) was aggravated by exposure to ionised radiation while working and being exposed to high levels of (EMF / EMR) in the Tyco Pty Ltd workplace.
28. Lillian submitted the WorkCover certificate notifying the insurer on the 31/8/2006 and stating that the date of injury was May 2003. Hower in November 2006 the insurer, after an in-debt investigation denied the claim.
29. On several occasions I have visited the premises of Tyco Pry ltd / Dulmison Pty Ltd at Dulmison Avenue. North Wyong 2259 NSW with regard to the complaint lodged by Lilian involving alledged high levels of (EMF / EMR) and adverse treatment directed toward her.
During these visits and inspections I have spoken to worker rep Cindy Malafant, OH&S rep Kerry Alexander, Team leader Alec McCormack, Manager Barry Fairman, Manager Rex Fraser, and Manager Michael Newley and other workers, all of whom appear to have been co-operative.
However, it must be noted that during my visits several female office staff appeared to have silent concerns, that prompted enquiring as to my presence at the premises. On explaining my reason for being there related to possible high levels of EMF / EMR, there were open signs of relief and retorts of thank you. This behaviour lent me to believe that workers at this workplace had considerable concerns over EMF / EMR levels.
30. During these visits I have requested certain documentation and information related to testing for (EMF/EMR) carried out since the commencement of 2003, also any information and documentation related to any rectification or electrical work and or any remedial work related to (EMF / EMR), as well as any and all follow up testing carried out related to detecting levels of (EMF / EMR), along with copies of all OH&S committee meetings from January 2003 to current date, as well as information related to any and all changes
to the factory/office and all staff relocation.
I have also requested current (present rime) test results related to levels of (EMF / EMR) in the workplace, where an Electrical Engineer has carried out the testing.
31. The company has provided the requested information and documentation.
On examination of the documents it can be established that the company has made significant changes to the office, factory and warehouse areas. Machinery (Plant) has been relocated, in other instances some plant has been decommissioned including an electrical Sub-Station, workers have been relocated to various other areas, and a majority of the office staff have been relocated to new premises in another suburb.
Electrical work by way of maintenance and repair has been ongoing using the services of the company electrical contractor Mr. Mario Debono until his departure from the company. However, the majority of these changes did not occur until post January 2006, the bulk of changes occurring in the latter half of 2006 and early 2007.
32. The company maintains that survey testing was carried out internally on a continues basis to monitor EMF / EMR levels using a Gauss metre.
This testing, the company states were taking place as an ongoing procedure since the Lincoln Report findings.
However, a request for documentation relating to the results of these readings and or time frequency for taking readings was not available, therefore the company has been unable to support this event with some form of validity. The company does state that the internal readings they were taking were below acceptable levels.
(Please refer to point 15 for further information)
33. Coinciding with Lillian WorkCover medical certificate and subsequent Workers compensation claim in which she states that the nature of her illness / injury was related to EMF / EMR exposure levels in the workplace, the company engaged an Occupational Therapist (Mr. Phillip Turner) to take reading for EMF/EMR levels in the workplace.
Mr Turner proceeded to take reading's at the Tyco Pty Ltd / Dulmison Pty Ltd premises at Dulmison Avenue Wyong NSW 2259 using a Gauss meter.
These readings were taken in October, November, December 2006 and January 2007; all readings in all event months were recorded and supplied as a report to the company. The test results taken by Mr Turner and tabled in his reports, state that at no time during the testing period were EMF / EMR levels registered as being excessive.
34. To be considered for attention is that there has been some conjecture from Mr. Lincoln relating to Mr. Turners lack of Electrical qualification and training and therefore his ability to take accurate readings for EMF / EMR levels in a work environment.
35. At a meeting with the managers of Tyco Pty Ltd / Dulmison Pty Ltd I expressed my concerns relating to Mr. Turners Electrical qualifications, citing Mr. Lincoln's doubt's.
The managers addressed this issue by engaging an Electrical Engineer (Mr Georgevits) to visit the Wyong premises and take accurate readings related to levels of EMF / EMR.
36. On May 28th 2007 I attended the premises of Tyco Pry Ltd / Dulmison Pty Ltd Dulmison Avenue NSW 2259, at the time of my visit I was introduced to Electrical Engineer Mr George Georgevits (BE Hons) of Power and Digital Instruments Pty Ltd (PDI) 66A Findlay Avenue Roseville NSW. I accompanied Mr Georgevits as he conducted testing for EMF / EMR levels at the Wyong site. During the test period over 84 areas were tested and apart from some high levels in the test laboratory no other areas revealed any high levels of EMF/EMR.
At the completion of his testing Mr. Georgevits handed me a copy of the test results, these results were later followed by an in depth report.
37. Sidney stated that an Electrical Sub-station had been decommissioned and therefore this event would possibly have a huge influence on EMF / EMR readings. Lillian also supported the information relating to the decommissioning of the Sub-Station.
Summary Lillian raises concern about computer monitor flickering in or about late 2002 early 2003.
IT person Sidney conducts testing with a gauss meter and determines that there is evidence that possible high EMF / EMR levels exist.
Lillian request relocation of her workstation. The request is denied. As are several ongoing relocation requests.
The company engages an electrical engineer (Mr. John Lincoln) to conduct testing for EMF / EMR levels at the Tyco Pty Ltd / Dulmison Pry Ltd premises at Dulmison Avenue Wyong.
Lincoln finds areas with EMF / EMR levels higher than he would feel comfortable with. Lincoln documents high levels in the area of Lillian workstation.
Lincoln recommends certain remedial electrical work that may assist in controlling or lowering EMF / EMR levels.
Manager Barry Fairman fails to table the Lincoln report finding at OH&S committee meetings, and further denies along with other managers that there is any issue with EMF / EMR levels or that any report exists.
2003 and again in 2004 the company actions their electrical contractor Mr. Mario Debono to carry out some electrical work.
Lillian diagnosed with Dystonia in 2003
The company provides information claiming that there are ongoing changes being effected in the way the company conduct their business and further changes in the office, factory and the entire premises at Wyong.
Mr Debono states that in his opinion any work carried out by him relating to EMF / EMR reduction or control would have had little effect if any.
Lillian off work claiming workers compensation for anxiety and depression.
January 2006 Monitor flickering continues and is raised at the January 2006 OH&S committee meeting (Information contained in the minutes of the meeting)
Mid 2006 Lillian gains information that the Lincoln report exists.

2006 Lillian submits workers compensation claim along with a WorkCover medical certificate, claiming her Dystonia was caused and or aggravated by exposure to high levels of ionised radiation by working in an area and being exposed to high levels of EMR.
Electrical Sub-Station is decommissioned.
2006 insurance company denies claim for exposure to EMR causing Dystonia.
2006/2007 significant changes take place at the Wyong premises including relocation of the office staff. (Note this office relocation was part of a progressional changes that the company had endorsed some years earlier)
2006 Engagement of Occupational Hygienist (Phillip Turner) to take EMF / EMR readings and conduct training regarding the dangers of working in an EMF / EMR environment.
2007 electrical engineer George Georgevits engaged to take EMF / EMR reading. (These reading were found to be acceptably below levels)
2007 documents provided to me (Minutes of OH&S meetings) appear to have some anomalies. Lincoln's report establishes that there were questionable levels of EMF / EMR where he states that he had concerns.
Mr. Lincoln's concerns related to EMF / EMR levels in various areas of the workplace in January 2003, including Lillian workstation area.
However it must be noted that at this present time in 2007 it appears that EMF / EMR levels at the Tyco Pry Ltd / Dulmison Pty Ltd premises at Wyong are now at or below acceptable levels.
Ascertaining a time frame for when the EMF / EMR levels were reduced and or controlled is unanswerable, and there would be questionable difficulties associated with stating or assuming that the reduction of levels came about as a result of the initial electrical work on the metre board in 2003, and further work carried out in 2004, or as a result of progressive changes that have taken place over a period of time. Therefore as stated this question willl remain unanswered.
However consideration must be given to the EMF /EMR issues raised in late 2002 which instigated the initial need for EMF/EMR testing to be carried out by Lincoln, they being Lillian monitor flickering.
This event prompted Sidney to exchanging her monitor with several others, this action resulted in an avenue of fruitless exercise as the changing of monitor did not bring a remedy for the flickering monitor screen.
Subsequently, Sidney decided to conduct testing for EMF / EMR levels, concern over the levels taken by Sidney was responded to with the engagement of Lincoln to carry out further testing for EMF / EMR levels in the workplace in January 2003.
Moving forward 3 years to the OH&S committee meeting of January 2006, at this meeting Lillian again raises the issue of monitor flickering at her office workplace and it is acknowledged that the issue was to be addressed by liaison with the electrician.
With due consideration it could be assumed that either no remedial work was carried out in the period January 2003 up to January 2006 or that any work carried out had little or no effect on reducing EMF / EMR levels. Notwithstanding that there is no sufficient evidence that supports that the flickering monitor was related to EMF / EMR levels in any case, also being mindful that Lincolns report did identify high levels of EMF / EMR at the area of Lillian workstation.
A further point of consideration is that Lincoln's report is dated 22/1/2003 and Barry Fairman received that document on or about that date. Lincoln's report suggest that there are certain areas of the workplace with measured levels of EMF / EMR that were higher than he (Lincoln) felt comfortable with. It appears that Manager Barry Fairman with-held the results of Lincoln's report from staff and the OH&S committee, as there was a meeting of the OH&S committee on 24/1/2003 with ongoing meetings in February, April, May, June, August, September, October and December, examination of the minutes of these OH&S meetings establishes that at no time at any of the meetings was there a mention or tabling of the Lincoln report.
Lillian states that manager Rex Fraser actually came into the office and informed people that there was no issue or substance or proof of any high levels of EMF / EMR in the workplace. Lillian further stating that manager Barry Fairman denied that any EMF / EMR report (Lincoln report) actually existed.
The company maintains that they have exercised vigilance in respect of ongoing testing for levels of EMF / EMR from the time of Lincoln report to present time. However it must be noted that the company has been unable to provide any test result documentation to support this claim. That is, up until the engagement of Occupational Hygienist Mr. Phillip Turner.
Mr Turner conducted testing from October 2006 onwards, the results of his testing has established that EMF / EMR levels were at acceptable levels. Notwithstanding Mr. Lincoln's concerns related to Mr. Turners lack of
Electrical Engineering qualification and his ability to take accurate readings for EMF / EMR.
Mr. Turner conducted training for staff to create awareness of EMF / EMR, Mr. Turner has supplied documentation of results of his EMF / EMR test readings to the company.
Documentation provided to me by the company includes copies of minutes of OH&S meetings.
From the period post Lincolns report there have been several entries in those minutes relating to (EMF /EMR) these being March, April May & July 2004 along with January & June 2006.

However when I requested copies of the 2004 OH&S meetings minutes an additional minuted meeting was handed up for July, of further interest was that there was a mention of EMF / EMR in the July minutes that appears to be a cut and paste from the month of May, these anomalies may suggest that some of these OH&S minutes documents could possibly be fictitious in nature, and further could possibly suggests an existence toward doubtful validity of other documents along with a possible lack of credibility of verbal statements and information given by some persons employed by the company.

ConclusionTo summarise this investigation, it appears to be apparent from documentation, information and statements made, that there was need for testing for EMF / EMR levels in the 2002 / 2003 time frame.
Electrical Engineer Mr. John Lincoln conducted the test. Mr. Lincoln's test results were contained in a report that was handed up to the company on or about the 22/1/2003. Contained in Lincoln's report was evidence that Lillian´s workstation was located in an area that had EMF / EMR levels higher than Lincoln felt comfortable with.
The company is unable to provide evidentiary documentation of substance that supports that they carried out or conducted any sufficient remedial work that would, could or did control or reduce the EMF / EMR levels identified by Lincoln.
The evidence of this could be interpreted in the fact that Sidney states that he conducted ongoing readings for EMF / EMR over a period expanding through 2003 until sometime in late 2005 and that the readings he was taking supported that during that period the levels had not reduced, further that the issue of monitor flickering in the office still persisted and existed in 2006 a fact that was raised in the January 2006 OH&S meeting.
From these interpretations it could be assumed that there was a high probability that it was possible that high levels of EMF / EMR still existed in the Tyco Pty Ltd / Dulmison Pty Ltd Wyong workplace in January 2006 and probably did so from as early as 2002 with no significant reduction's.
During the period January 2006 onwards it appears that through alterations and changes effected in the workplace along with relocations and the closing of the sub-station, and other factors, the EMF / EMR levels were reduced to acceptable levels, as evidenced and supported by Electrical Engineer George Georgevits test results of 2007.
Regardless of Lincoln's concerns over Phillip Turners competence to carry out accurate readings, it must be viewed that Mr. Turner conducted his reading in all good confidence that his reading were accurate and that he was knowledgeable in that respect. Further it is understood that Turner conducted or had some involvement in the EMF / EMR awareness training. Attention must be drawn to the conduct of the managers in respect of the failure to table the Lincoln Report.
This report was an issue of concern relating to workplace health and safety of employees and those employees had entitlement of awareness of that report information. Compounding this was the denial that the report existed and further relaying to staff that there was no warranted concern needed over EMF / EMR levels.
Of other interest is in relation to documents, namely minutes of OH&S meetings, where a snapshot report direct from the company computer endorses the fact that no meeting had taken place in July 2004 however Mr. Barry Fairman was able to produce to me minutes of a meeting that did not take place. Other minutes appeared to be cut and pasted from alternative meetings.
From information gained it could be interpreted that the managers treatment of Lillian is questionable both on a personal level along with their neglect to control other staff's treatment of Lillian, it could be construed that any Bullying and Harassment Policy the company may have was not adhered to.
The origin of this issue dates back to 2002, the statute time frame for a prosecution is welt exceeded even though the evidence suggest that the issue was ongoing up until and including January 2006.
However from that time onwards it would be difficult to support any argument as to when EMF / EMR levels were reduced or indeed began to be reduced at the Tyco Pty Ltd / Dulmison Pty Ltd. Wyong workplace.

The resultant outcome at present time in 2007 indicates through credentialed examination and testing that the EMF / EMR levels at the Wyong workplace are at or below acceptable safety levels. From this information it could be interpreted that the company has in its relocation activities along with changes made over the period from January 2006 up to this time 2007 found remedy for the possible hazards involving high levels of EMF / EMR in the workplace.
Therefore due to the time frame expiry of the original event and the fact that the company has to this present time eliminated the hazard.
I Recommend No Further Action.
Relating to Lillian´s Bullying and Harassment issues I have spoken to the managers over this matter and they state that they had already implemented action to remedy this situation prior to my visit.
The issues of providing what appears to be a false document has been evidenced by the handing up of the document and the snapshot printout from the company computer. Information contained in the document had no influence related to this issue and I see no benefit to be gained by pursuing the matter.
Senior Inspector Colin Wall
OHSD
Manufacturing Team
WorkCover Authority NSW
92-100 Donnison Street
Gosford 2250
NSW
NB. This report contains information from documents received for the purpose of gaining information relating to the complaint. The majority of these documents are considered to be privileged. [24/04/2007 11:20:54 AM wallc]
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Outcomes
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Completed Date:
Result:
Comments:


30/07/2007 Time Spent: 0.00
No Further Action Priority Issue: Priority Industry
Comments: NFA [30/07/2007 5:36:39 PM dugdalet]


WSMS Complaint Report - 1-150791
Declared Wages: Difference:
Audited Wages: Premium:
Opening Payments: Net Cost: Estimate: Closing Payments Net Result: Recovery: Estimated Payments: Actual:
COC/Wages--------------------------------------------------------------------------------------------------------------------------------------------

Multiple Claim: Determined:
VIC-------------------------------------------------------------------------------------------------------------
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Work Cover Investigation (Wyong)
As a result of a WorkCover investigation, at our Wyong Site, a report has been filed and an official copy of the report is being accessed by the company under the NSW Freedom of Information Act.
The NSW WorkCover Authority has elected to take no action as a result of their extensive investigation. Tyco Electronics, however, willl use the findings of the report to identify any improvements in communications, reporting. Occupational Health & Safety consultation and risk assessment.
The company has some concerns with regard to the accuracy of some statements contained in the report. This willl require further analysis and discussion with the WorkCover Authority. The company is at present investigating the proper recourse to address the various possible inaccuracies.
Tyco Electronics remains committed to the health and safety of all its employees and willl continue to improve the OHS at its sites, working with government and regulatory bodies to meet or exceed the regulatory standards.
Regards.
Elie Chaaya
Human Resources Manager
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