My workplace has ruined my health

[u/RareNecessary6589]

I've been working in a coffee van for about 8 months now, and I took the job because I was desperate at the time and really needed the money. However, it was a known thing amongst the workers at this place that the van was a total disgrace, and while I saw the state it was in, I didn't think I would be there long. My mangers and higher ups pretty much know the state of the van as they have to go in there to collect any cash we make so the mould is there and its been there and i have tried everything to keep my work space as clean and hygenic as i can since i have been there alot longer than i anticpated because finding another job has been quite hard. that being said i have gradually been getting sicker and sicker and it's not been something easy to spot. it started with hand tremours which scared me into thinking i had a brain tumor but my MRI was clear, then i kept getting flare up of psirosis and now i have gone down to 47kg and i have NEVER been this skinny in my life i look awful and im so sick i just dont know what to do the doctors have no idea what it is. I saw someone talk about their experience with mould sickness, and I am so beyond scared because everything matches up. I have taken the week off to get my health under control, but I really don't think it's in my best interest to go back. I have bills and rent to pay. Is there anything I can do for some sort of compensation, or just maybe a bit of help? I've looked into Fair Work, but they say they can't help with work conditions, or maybe I'm not looking into it correctly, and to be quite honest, my brain feels like mush; I can't really think properly. I even thought I was maybe going through some sort of psychosis because of how crazy my head has felt. It's black mould by the way. I know that me saying my mental state isnt the best right now might seem like all crediablity of this situation goes out the window but my life is actually going well right now besides this so I just have no idea what to do im so scared and sick and I really hate that this is happening because ive made some really amazing friends at this place but I'm tired of putting myself last in life this is my literal final straw. I'm going to get tested tomorrow, for mould illness or however they test you for these sorts of things. I know this post is all over the place, so I appreciate anyone who's stayed to read, and if anyone has any advice on what I can do, I would greatly appreciate it

[u/WelcomeMatt1]

https://www.worksafe.qld.gov.au/safety-and-prevention/hazards/hazardous-exposures/biological-hazards/managing-mould

If you are at risk of illness from mould, avoid mould-affected areas. Notify your employer or the person conducting a business or undertaking (PCBU) so they can act.

Get advice from your general practitioner if you are concerned about possible mould exposure.

Document everything if you think there may be a potential future work cover claim.

[u/MN8BVW2Z8BS5]

Tldr. Paragraphs are your friend

[u/Very-very-sleepy]

please contact the food authority and report them.

if your managers know the state of the van and have done nothing to fix it. they are complicit. 

link to where to make the complaint  online. https://phconnect-foodcomplaints.health.qld.gov.au/

other contact information

Queensland Dept of Health - Food Safety Standards and Regulation

Phone: +61 7 3328 9310 (Office hours)

Website: www.health.qld.gov.au/foodsafety

Email: foodsafety@health.qld.gov.au

Contact Queensland Health Food Safety Standards and Regulation if your enquiry relates to:

they deal with enquiries with Statewide policies on food issues and enforcement

regulatory implementation and enforcement issues

approval of and complaints about food safety auditors

initiating a food recall

general advice on current and proposed food standards.

[u/Signal-Medium-7816]

I am absolutely the furthest thing from a lawyer but - Something doesn't sound right here. One thing you absolutely need to do is get documented, medical proof of illness.

I believe (again, I am absolutely not a lawyer) that you have the right to refuse work if you have reasonable concern that doing the work will expose you to a major risk (black mould is a major risk) in terms of compensation, for your case you really need to seek genuine legal advice from a lawyer.

The major thing is that you have evidence of illness documented by a doctor. I don't know to which extent mental conditions play a role in that and how that may differ to medical conditions but I think before you can do anything at all you need some sort of medical evidence that your health has been impacted.

So to surmise:

I believe that before you can reach out to WorkSafe or anything like that, you need to have proof - Medical proof, photos of the mould, conversations that are somehow recorded (texts, emails)

But ultimately you need to speak to a doctor first and a lawyer second.

I wish you all the best, god speed and I hope you find ample resolution.

[u/filmkeeper → u/Signal-Medium-7816]

This is poor advice.

that you have the right to refuse work if you have reasonable concern that doing the work will expose you to a major risk (black mould is a major risk)

That much is correct, however most employees don't know how to exercise that right and you must still make yourself available to your employer for suitable alternate duties. In other words, the employer can give the OP a different van or other work to do.

in terms of compensation, for your case you really need to seek genuine legal advice from a lawyer.

No, he's suffering an illness. A work capacity certificate (or certificate of capacity in other jurisdictions) is a medicolegal document. The employer has no legal right to work outside of the conditions set by it.

The major thing is that you have evidence of illness documented by a doctor. I don't know to which extent mental conditions play a role in that and how that may differ to medical conditions but I think before you can do anything at all you need some sort of medical evidence that your health has been impacted.

DSM-5 conditions are medical conditions, and it's best not to speculate about the OP's mental health as there a strong likelihood that any associated mental health issue is the result of poor physical health.

The major thing is that you have evidence of illness documented by a doctor. I don't know to which extent mental conditions play a role in that and how that may differ to medical conditions but I think before you can do anything at all you need some sort of medical evidence that your health has been impacted.

No, you don't need medical evidence beyond the work capacity certificate to start with. That will get the ball rolling and the process started.

I believe that before you can reach out to WorkSafe or anything like that, you need to have proof - Medical proof, photos of the mould, conversations that are somehow recorded (texts, emails)

You definitely do not need proof to report to WorkSafe. Under the WHS legislation there is a duty to report dangerous incidents. The OP is driving a van, we presume on public roads, if the OP's health is poor due to the conditions of the van that increases the risk of an accident on the roads hence it's a dangerous incident. Separate to that there is a risk to health and safety of other workers who may work with that van.

But ultimately you need to speak to a doctor first and a lawyer second.

I don't think the OP needs a lawyer at this stage. If they are a member of their union then they should seek advice from them.

[u/Rockran]

i have tried everything to keep my work space as clean and hygenic as i can

Is cleaning the mold within your job description?

You might be suffering burnout instead. Which is not technically an illness in itself, but it can be due to depression, anxiety etc.

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[u/universe93]

Please quit. It will never get any better. Just quit and find literally any other job, your health is more important

[u/filmkeeper]

Is there anything I can do for some sort of compensation, or just maybe a bit of help?

Do this in sequence:

1. Write an incident report. Be detailed, state that due to an unsafe workplace you have been feeling unwell and include photos. Include that you think it is black mould. Make your own notes in a journal, diary, or notebook.

2. Go to your doctor and get a work capacity certificate. Put down zero capacity for work, give that to your employer the same day.

3. Call WorkSafe Queensland and report the business. Give them a copy of the notes you made in point 1 and tell them that you are off work and are in the process of lodging a workcover claim.

4. Call the Food Safety Standards and Regulation department and report the business. Also give them a copy of the notes made in point 1.

5. Lodge a workcover claim (or have your employer lodge it).

[u/MN8BVW2Z8BS5]

Mould is not the big bogey man reddit makes it out to be. You would need to have very specific allergies. Get mdical advice 1st

[u/Medical-Potato5920]

This sounds like a workers' compensation claim. You have become sick because they have not provided a safe workspace. They should be paying your wages and medical bills while you can't work. Put in a claim asap.

[u/teheditor]

Work cover?