Health & Safety Stakeholder Reference Group

1. Health & Safety Stakeholder Reference Group 30 August 2012 2 - 4pm Level 7, 222 Exhibition Street

2. Welcome, Minutes, Action items Enforcement Group Update Social Research Unit: Flagship Survey Overview Prevention Strategy Update Legislation Policy & Information Services Update Other Business Close Agenda Time Agenda item 2.00 2.10 2.40 3.10 3.30 3.50 4.00

3. Apologies, Minutes, Actions Apologies Previous Minutes - SRG dated 26 July 2012 Action items from previous meeting

4. 26th July SRG meeting action item 3: WSV to clarify the status of reach stackers in the plant registration and LHRW systems • Revised or new competency units and assessment instruments are currently under development by relevant industry skills councils for the remaining four HRW classes. • As of August 2012, it is estimated that competency unit publication will occur as follows: • Standard boiler operation (revised) – September 2012 • Advanced boiler operation (revised) – September 2012 • Reach stacker (new) – late 2012, and • Concrete placing boom (revised) – late 2012 • Further information can be found on the Safe Work Australia website: http://www.safeworkaustralia.gov.au/sites/SWA/SafetyInYourWorkplace/TrainingSkillsAndLicensing/Licensingandcertification/Pages/Licensing.aspx

5. Enforcement Group Update Marlo Baragwanath

6. Director Kate Despot Enforcement Group Prosecutions Investigations Review, Audit & Advice Manager Peter Anderson A/Principal Lawyer Dermot Moody Principal Lawyer Vacant Legal Services and Investigations Division (previously within HSBU) Compliance and Enforcement Division (previously within IS&S) Health & Safety Investigations Compensation Investigations Audit & Analysis Fatalities Investigations Investigations Comp, Industrial & Mandatory VCAT RTW & Project Team East Team Serious Risks & Injuries Advice & Subpoenas Worker Employer Team West Team Audit Strategy Information Officer (Family Support) North Team State Support Team Legal Legal Metro Team Emergency Response Creation of the Enforcement Group in February 2010 to ensure consistency in investigations and prosecutions

7. Compensation enforcement program results for 2011/12

8. H&S enforcement program – issues and challenges Legal team operating model was not sustainable Timeliness of investigations and prosecutions Insufficient prosecutions commenced to sustain targets Long standing cultural resistance to challenge and accountability

9. First step was legal team reform Multi-skilled operating model implemented in early 2011 Personnel changes to ensure requisiteskill sets and experience to turn around performance Consistency in decisions about prosecutions Encouraging progress in 2011/12 Page 9

10. Enforcement Group legal team reforms are gaining traction in health and safety KPIs

11. H&S Enforcement – Perceptions of Enforcement – Results over time Percentage of respondents who regard Worksafe as being effective in catching and prosecuting employers who break OHS laws

12. H&S Enforcement – Perceptions of Enforcement 2011/12 – WorkSafe employer representative survey 92% of employers agree Worksafe is effective in catching and prosecuting employers who break OHS laws 52% heard or read about an employer being prosecuted for violations of the OH&S Act or Regulations Of which, 55% considered making changes to the health and safety of their workplace as a result of hearing about prosecutions

13. H&S Enforcement – Average fines under the OHS Act

14. Significant convictions and enforceable undertakings in 2011/12 Fonterra Australia Pty Ltd – fined $300,000 for a fatality at Stanhope Three companies (Asian Pacific Building Corporation, SMS Scaffolding, EGI Bricklaying) – fined $410,000 for a scaffolding collapse Coates Hire Operations Pty Ltd – fined $500,000 on appeal for a fatality Manumatic Industries and its director – fined $124,000 for two separate guarding incidents in Epping John Holland and Thiess entered into an Enforceable Undertaking to undertake research into the H&S aspects of managing contractors – valued at $225,000

15. Where we’re not successful – VCAT matters Has a decision changed WorkSafe’s understanding and application of the law? Impact of the decision on WorkSafe’s operations Whether there are grounds for appeal Prospects of success in an appeal – impact on WorkSafe operations if we lose an appeal.

16. Where we’re not successful – OHS prosecutions • DPP appeal against sentence: • Is it in the public interest? • Manifest inadequacy – inconsistency in sentencing standards or setting new standards • This is the DPP’s decision (although WorkSafe is usually consulted) • DPP appeal due to an error of law: • Has a decision changed the understanding and application of the law? • Impact of the decision on WorkSafe’s operations • Grounds for appeal? • Prospects of success of appeal – impact on WorkSafe’s operations if we lose an appeal • This is the DPP’s decision (although WorkSafe is usually consulted)

17. Recent reforms in the investigations team will assist to improve overall H&S enforcement program outcomes in 2012/13 and beyond Introduction of 5th Investigation Team Consistent decision-making for strategic investigations New method for case assessment and selection (ARP)

18. Selection of matters for investigation: When a matter is referred to the Enforcement Group, in deciding whether to comprehensively investigate, we consider: whether employees are exposed to a risk of serious injury or death; and (A) WorkSafe’s Core Jurisdiction the risk has arisen in a workplace or from the conduct of an undertaking. OR whether members of the public are exposed to a risk of serious injury or death; and (B) WorkSafe’s Extended Jurisdiction the risk has arisen in connection with a workplace or the conduct of an employer or self-employed person; and the matter falls within a prevention strategy target area. OR (C) WorkSafe’s Residual Jurisdiction any matter which involves such a high degree of culpability or risk that it should be investigated (even if it does not fall within (A) or (B).

19. The focus into 2012/13 and beyond is on improving operations in the investigation team to improve overall H&S enforcement program outcomes Improved case selection Stronger case management Improve quality of briefs Improve actual conversion rate

20. Investigation focus areas for 2012/13 include: Work-related fatalities Other ‘notifiable incidents’ where there is a high degree of culpability Focus areas for prevention Non-compliance with a notice or direction Offence against a WorkSafe inspector/HSRs Incident notification and site preservation

21. Social Research Update Rachael Minton

22. Social Research update Today Summary of the research program Refining the research to understand more of the how and why History and latest views from Hazard Exposure monitoring After today Look into specific areas in more detail Regular updates with the SRG

23. Social Research WorkSafe has a long history of listening to the community and collecting feedback to monitor change over time We have an ongoing program of monitoring and evaluating services that WorkSafe and its Agents provide, including: • H&S and RTW inspectorates • Other client contacts (eg Advisory, Premium) • RTW support and claims management (Agents, ORs, IMEs) Findings also help us to better understand the community’s attitudes towards OHS, RTW, compensation, and perceptions of workplace hazards to add to other data sources

24. Social Research at a glance • Four flagship surveys • Injured Worker Survey • Employer Rep Survey • Worker Rep Survey • Community Perceptions Survey Data collection - Telephone interviewing Audiences - Employers and workers (direct contact with WorkSafe & general community), and injured workers (with agents and self insurers) Transparency - Surveying undertaken by independent specialists Strategic priority projects As required, driven by H&S and IS&S’s top priorities

25. Strategy 2012Client Service Index • CSI served us well to monitor client satisfaction over time • Limited interpretation with general satisfaction • Narrow focus - missing critical service delivery points

26. WorkSafe 2017Community Service Monitor • More detail on how we are performing • Includes more of the important service delivery areas (Advisory, Premium) • Stronger connection to service initiatives for employees • Reflects views of more employers and workers across the State, not just those that an inspector visited

27. Worker perceptions of hazards and their controls Today A recap of the views we gather on exposure & controls The long term trends Industries with highest reported exposure After today Provide the Hazards report Regular updates

28. < Omnibus | CPS > Reported daily exposure

29. < Omnibus | CPS > Effectiveness rating of workplace controls

30. Manual handling and heights

31. High powered machines and asbestos

32. Movement from 10/11 to 11/12 No significant changes Industries with highest reported exposure 2011/12 5 3 2 11 1 13 1 1 3 4 6 1 5 2 1 1 1 14 1 13 1

33. Gathering more detailed info We’re adding additional questions on the priority areas to better understand: • how people are exposed • what types of controls are in place • are controls always available Page 33

34. Next steps • Provide the Hazard Exposure Report – produced twice a year, next release in 2 – 3 weeks • Continue our ongoing monitoring and analysis • Visit the SRG regularly with latest info • Regular revision of the questions to ensure we gather useful info on the types of hazards and range of controls

35. Prevention Update Bernie Dean

36. SRG Prevention update- Aug 2012 • Updates on: • Dangerous Machines • Aged Care • WorkSafe Awards Main focus today 36

37. Dangerous machines update

39. Dangerous machines • Campaign material published and available • Email to stakeholders on 27 August • ‘Who can register, and what‘ • "An organisation profile needs to be established within the system via a unique ABN in order to permit an Item of Plant to be registered. While the location of this organisation is not restricted to Victoria; • Only Fixed Items of Plant located in Victoria will be accepted; and • Mobile Items of Plant can be registered by an Interstate organisation provided the plant is predominately operated in Victoria." • Communications to build awareness • September- Free media and Safe Towns coverage • October- Direct mail and free media driving people to WorkSafe Week • November- Paid media and public relations

40. Aged Care First meeting Monday 13 August Great attendance- approx 20 reps across large, medium, small employers, union, govt bodies Consensus on scope and key area of focus- hazardous manual handling Ideas and areas of work: Systems of work - Availability and suitability of equipment; design issues; home environment Training - A standardised competency based training package? Culture - High client focus- OHS expense- What motivates it and how can this be managed? Ageing workforce - Risk controls are needed to accommodate ageing workforce Return to Work – What lies behind failures in RTW? Best practice- What does it look like. Peer and other comparisons

41. WorkSafe Awards 2012 programFinal results

42. Re-shaping of Awards event • Review of 2011 event – Surveyed and spoke to Awards community, finalists, stakeholders, WorkSafe staff, previous Awards dinner attendees • Consulted VTHC and VCEA • Overall positive, but a few opportunities for improvement were identified: • increase the exposure of finalist's and their practical solutions, and • scope to improve networking opportunities on the night.

43. Re-shaping of Awards event The formal sit down gala dinner will be replaced by a program of events on the same day: • A sit-down, VIP lunch specifically to recognise finalists from 12.30pm to 2.30pm. • A 2 hour Awards presentation from 3.00pm to 5.00pm in the plenary theatre at the MCEC (Work Safe Week venue). • A 1.5 hour networking event (with refreshments) from 5.00pm to 6.30pm In total the event would run from 12.30pm until 6.30pm, commensurate with previous 5-6 hour evening Award dinner. The event will be held on Thursday 1 November 2012.

44. Legislation, Policy and Information Services Angela Jolic and Cath Duane

45. Remake of Dangerous Goods (Storage and Handling) Regulations • Still on track to remake the regulations by 1 December • Meetings with peak body / key stakeholders were held on 5 July and 6 August • Expect public comment in September / October Email address for any comments: • Storageandhandling2012@worksafe.vic.gov.au

46. Codes Review Project • Currently mapping Victoria’s guidance materials against the existing 23 Model Codes • Interim Project Update – refer to handout • Next steps • Preliminary recommendations due in October

47. Report on national OHS forums National model Mines Regulations • Out of session SWA members approval 24 August Strategic Issues Group - OHS meeting – 26/27 July • Draft Code of Practice on Workplace Bullying • Revised post-public comment Codes: • Draft guidance material • Updating Workplace Exposure Standards • 2014 Review of the WHS Act

48. Regulators Harmonisation Project Heads of Workplace Safety Authorities (HWSA) met 14 August 2012 • Noted overall status for RHP work • Model guide on EPH/right of entry – although endorsed by majority, now to be withdrawn in favour of pending SWA Interpretive Guideline • Noted Points of Proof guides for WHS Act offences for use in inspector training • Endorsed Operational procedure on regulator’s remedial action (to make workplace safe in certain circumstances) and cost recovery • Endorsed model guidance for PCBUs to select “competent person” to inspect, maintain and test plant • Noted stocktake of extent of adoption by all WHS regulators of endorsed RHP deliverables (will be referred to SWA for OHS reform evaluation/reporting to COAG); updates on stocktake to occur annually • Noted evaluation report of inspector training on WHS legislation

49. Heads of Workplace Safety Authorities Heads of Workplace Safety Authorities (HWSA) met 14 August 2012 • Remaining work on some sub-projects now not to progress (EUs and cost recovery formula; template letters for MHF’s administration; points of proof guides on WHS Regulations offences) • Discussed extent of incident notification requirements in relation to schoolyard incidents (also discussed at SWA Implementation TAG and to be subject of new guidance) • Discussed issues relating to WHS Regulations requirements for: • registration and annual inspection of inflatable amusement devices (also discussed at SWA Implementation TAG – work progressing); and • ROPS and FOPs for earthmoving machinery (exemptions proposed to limit application of regulations).

50. Other HWSA agenda items • Common approach to be agreed to exemptions from WHS Regulations requirement for independent clearance certificate in asbestos removals • A new issue arising from WHS laws implementation flagged for out-of-session comment - power of regulators to cancel plant design registrations • Agreed to asbestos alert (for publishing), and to working group for dealing with imported products containing asbestos Next HWSA meeting: • 20 September 2012 (includes consideration of RHP audit tool for regulators’ monitoring of approved HSR training) • Focus on topics for future national projects/campaigns • Leaders Forum to also discuss topics including future collaboration on improved regulatory practice