Former graffiti removalist receives compo payout from council contractor

A former graffiti removalist who developed an irreversible lung disease has won a payout from Citywide Service Solutions, which is owned by Melbourne City Council.

Generic picture of a graffiti removal specialist.

A former graffiti removalist who developed a rare lung disease from inhaling dust and toxic fumes has received a compensation payout from a council contractor.

Frank, who did want to use his last name, claimed he was not offered any respiratory protective equipment when he cut bluestone with an angle grinder and removed graffiti during his decades-long employment with Citywide Service Solutions.

“The spray would contaminate the working area and would be deposited on my clothing and face, and I’d inhale it, especially on windy days,” he said.

Now aged in his 50s, Frank is no longer able to work after he developed a debilitating and irreversible lung disease, bronchiolitis obliterans.

“I struggle with basic things like getting up in the morning, I struggle to shower, get changed – I can’t even go into the backyard without struggling from shortness of breath,” he said.

After he fell ill, Frank claimed his employer, which is owned by Melbourne City Council and provides civil work and waste management services across the city, told him there was little they could do and let him go without an apology or acknowledgment of their negligence.

“I pursued legal action to hold them accountable because how they treated me was wrong and

unfair,” he said.

“I worked for them for over 20 years and in the end was not showed the same loyalty in return. They didn’t accept responsibility, they ignored me and showed me no support – just got rid of me.”

Frank, who recently settled a civil claim with Citywide Service Solutions, said while it was too late for him, he wanted to speak out to ensure others did not go through something similar.

“If something doesn’t feel right, and you aren’t provided safety equipment at your workplace when you feel you should be, speak up and insist,” he said.

Arnold Thomas & Becker senior legal executive Stuart Coutts, whose firm represented Frank, said Citywide Service Solutions failed in their duty of care to their client.

“Frank now lives with a lifelong illness requiring ongoing treatment with no cure, caused by the lack of protection he was provided by his employer while inhaling damaging airborne particulates,” he said.

“He is unable to return to work in any capacity – he is unemployable. This means he has suffered significant loss of earnings and will have no future earning capacity.”