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… we have got a product now which has lower deposit forming tendencies both in the liquid and vapour phase …. it has a non-toxic additive pack. We have developed a TCP which has effectively eliminated the ortho isomers, which were the 140 parts per million of toxic elements previously.61
3.58 Mr Plummer went on to stress that:
… we want to make it clear that the oil was not developed just to eliminate the toxic elements of TCP. That was just one of a number of development parameters for it. 62
3.59 Captain Trevor Jensen of Ansett told the inquiry:
Ansett is currently trialing Mobil 291, a new generation oil, on the BAel46-300 series aircraft. Depending on the results of the trial (engine wear and tear, etc.) Ansett will investigate using Mobil 291 on the other aircraft types.63
3.60 The claimed advantages of the new oil were not supported by Dr Balouet when he stated:
I understand that evidence presented to the committee suggests that new generation modern jet oils have been modified so that the concentrations of some toxic ingredients will be reduced. Please note that these jet oils are still being tested and are not yet in commercial use. Jet engines still contain the older generation of jet oils, known to be toxic, while removing TOCP will not necessarily solve the problem.64
The Alysia Chew case
3.61 On 28 April 1999 a judgement was delivered in a case brought by an Ansett cabin crew member, Ms Alysia Chew, heard in the Compensation Court of New South Wales.65 The basis of Ms Chew’s claim was that between January 1992 and 30 October 1993, when a flight attendant with Eastwest Airlines, she was exposed to fumes, toxic substances and other irritants whilst carrying out duties as a flight attendant on BAe 146 aircraft. Ms Chew also claimed that fumes within the aircraft to which she was exposed contained Mobil Jet Oil II which contained the substance triorthocresyl phosphate (TOCP).
61 Mobil Oil Australia Ltd, Evidence, 1 February 2000, p 142
62 Mobil Oil Australia Ltd, Evidence, 1 February 2000, p 142
63 Correspondence from Captain Jensen to the Committee dated 11 February 2000, attachment p 2.
64 Dr Jean Christophe Balouet, Evidence, 13 March 2000, p 173; see also Submission 14B, AFAP,
pp 17-18.
65 Alysia Chew v Eastwest Airlines Ltd & Ansett Australia Ltd, Compensation Court of New South Wales,
(Matter 19652 of NSW), Moran J.
3.62 Ms Chew alleged two alternative causes for her illness:
a) that TOCP caused damage to her physiology which gave rise to her chronic ongoing symptoms and disabilities diagnosed by her doctors as Multiple Chemical Sensitivity (MCS); or
b) Alternatively she alleged her symptoms and incapacity resulted from aggravation of a condition of glandular fever or a viral infection described as Epstein Barr virus.66
3.63 In respect of Ms Chew’s first basis of claim, Justice Moran noted that:
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