Building materials giant Boral and the construction union are set for a court clash over an asbestos scare at the company's Fyshwick depot.
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The Construction Forestry and Energy and Mining Union (CFMEU) says that workers are in danger at Boral's Barrier Street plasterboard distribution centre as ageing asbestos sheeting in the building's walls crumbles.
WorkSafe ACT has ordered a clean-up of the site but the union says that the timetable laid down by the safety authority is not quick enough to protect workers.
ACT Work Safety Commissioner Mark McCabe said yesterday an improvement notice had been issued for the site and that he had ordered that Boral workers be screened for any exposure to the deadly substance.
''The issue was that the walls that contained asbestos material have been broken by a forklift,'' Mr McCabe said.
''We've instructed the employer to put bollards around the wall so those breakages can't occur again, we've instructed them to provide asbestos awareness training for their staff and we've instructed them to offer health screening to establish whether there has been any exposure.''
Mr McCabe said that he was satisfied with the company's compliance with his instructions and that Boral had given him an undertaking that the whole building would be renovated and made safe during the Christmas shutdown period.
Now the union has alleged that it has been denied access to the site, a breach of workplace safety laws and the commissioner has confirmed that he is investigating the complaints.
''That's a pretty serious allegation and we would regard that as a serious breach of the Work Safety Act if it's true and the maximum penalty for a company for that kind of breach is $27,500,'' Mr McCabe said.
CFMEU branch secretary Dean Hall said that an action against Boral, separate to the complaint to the commissioner, would be lodged in the Federal Magistrates Court on Monday to force the company to allow the union access to thesite.
''The CFMEU will not compromise on issues of asbestos,'' Mr Hall said.
''Asbestos is known to be an extremely dangerous and lethal substance and there is no other way to treat this material other than extremely seriously.
''Employers need to know that we will not compromise on workers' rights when it comes to workplace safety around asbestos.''
A Boral spokesman said the company took the safety of its employees and customers seriously and had guidelines in place to ensure compliance with workplace health and safety requirements.
''We maintain a regular dialogue with safety regulation agencies and always cooperate with WorkSafe to ensure any issues that may arise are dealt with promptly and in line with our legal and environmental requirements,'' the spokesman said.
