Output Group 5
WORKPLACE STANDARDS
Workplace Standards Tasmania (WST) administers legislation including occupational health and safety, workers compensation, building standards, long service leave, shop trading hours and statutory holidays.
It also:
conducts accident and incident investigations;
undertakes audits for compliance with legislation;
assists industry by delivering educational programs;
provides assistance with complaints about underpayment of entitlements and other industrial relations matters; and
processes dangerous goods licences and permits.
WST consists of the Inspectorate (which includes separate units for Electricity and Gas), the WorkCover Branch, the Policy, Planning and Services Branch (which includes Building Standards and Regulation), and a small Executive Support Unit.
Following agreement between the State and Federal Ministers, WST delivers, under contract, Federal award advice, investigation and complaint resolution services. Thus WST provides employers and employees with a one-stop shop for both State and Federal Award wages and conditions enquiries.
Much of the Inspectorate Branch activity is divided according to industry sectors. Sector OHS statistics indicate continuing improvement.
The focus into the future remains one of improving the standard of Tasmanian workplaces through:
conducting workplace inspections, audits and investigations which contribute to the achievement of health and safety standards in the workplace;
ensuring compliance with conditions of employment matters such as entitlements in respect to workers rehabilitation and compensation, long service leave and industrial awards and agreements;
ensuring the safe transportation, storage and handling of dangerous goods;
mitigating the terrorist threat;
ensuring safe construction of the natural gas pipeline infrastructure, development of licensing systems, including natural gas appliance safety; and
improving electricity standards and safety and managing licensing functions.
In a rapidly changing industrial awards and safety environment, WST actively reviews and develops legislation, standards, codes of practice, licensing, registration and accreditation procedures and guidelines.
Achievements Against Strategies Identified for 2003/04
| The main functions that WST performs | What WST aims to achieve for the community |
| Accreditation | Minimisation of risk to the community by maintaining appropriate standards that reflect community needs |
| Community Awareness | Appropriate behaviour that has been modified through knowledge and understanding of duties and obligations, and that meets expectations for better performance and improvements in standards and safety |
| Facilitating Compliance | Recognition of duties and obligations for regulated activity, reinforcement and confirmation of appropriate attitudes and behaviour; and Identification and correction of inappropriate attitudes and behaviour |
| Policy, Legislation and Standards | A strategic, consistent and contemporary policy framework that: meets community expectations expressed in government policy; meets the principles of good regulation; and allows for the smooth administration of the business of Government |
| Stakeholder Relations | Empowerment of stakeholder groups and their members |
| Managing for Improved Performance | The outcome of Managing for Improved Performance is a dynamic, accountable and performance orientated organisation that adds value to the Tasmanian community. |
Accreditation
An authorised body was appointed under the Building Act 2000 for the accreditation of building practitioners.
Registration and accreditation requirements of the administered legislation were met by the Division.
Community Awareness
| The Helpline responded to | 56,513 enquiries: |
| Workplace Health & Safety | 10,194 |
| Workers Rehabilitation & Compensation | 3,830 |
| Dangerous Goods | 1,425 |
| State Industrial Relations | 28,735 |
| Federal Industrial Relations | 7,352 |
| Long Service Leave | 1,774 |
| Statutory Holidays | 1,850 |
| Other | 1353 |
| TOTAL | 56,513 |
The WorkCover Tasmania Board launched the “It’s working – Workplace Safe” campaign in August 2003. The campaign focuses on the fundamental recognition that it is not acceptable for workers to be injured at work.
Two new publications, Stress, Bullying, Alcohol and Other Drug Misuse – Hidden Hazards: A Guide for Employers and A Guide for Workers, were launched during Workplace Safe Week, which ran from 13-17 October 2003. A series of seminars were delivered throughout the State.
The Workplace Safe Awards attracted a record number of entries - 123 from 77 organisations,.
The “New Workers” campaign, aimed at increasing awareness about workplace health and safety issues that affect new workers and their employers was launched in February 2004.
During Agfest displays were organised about common rural hazards and a range of other information about occupational health and safety, workers rehabilitation and compensation, and the “It’s Working – Workplace Safe” campaign.
Facilitating Compliance
Enforcement action is under the control of the Investigation Review Committee. This Committee met monthly to review current investigations and recommend further action to be taken after considering the investigation findings and recommendations. Such action involved prosecution in the Courts of Petty Sessions (CPS), referral to the Tasmanian Industrial Commission (TIC), a ‘compulsory’ conference with the employer or employee, and/or issuance of an improvement notice or other appropriate action. All prosecutions and successful Industrial Commission cases were widely publicised to encourage businesses to improve their workplaces.
Workplace Health and Safety Act 1995 – eighteen cases were referred to the CPS. Seven defendants were found guilty, while a further nine cases are still before the CPS. Two prosecutions were withdrawn.
Industrial Relations Act 1984 – twenty-one cases were referred to the TIC. Two award breaches were determined and seventeen are still before the TIC. Two cases were resolved prior to the hearing. Eight cases were referred to the CPS with two defendants being found guilty and one dismissed. Five cases are still before the court.
Long Service Leave (State Employees) Act 1995 – one dispute is proceeding before the Commission.
Long Service Leave Act 1976 – two disputes were referred to the TIC.
Workers Rehabilitation and Compensation Act 1988 – thirteen cases were referred to the CPS. Twelve defendants were found guilty and one is under appeal to the Supreme Court. Fines and premium recoveries under this Act increased by 71 percent from the previous 12-month period to $84,850.
Dangerous Goods Act 1998 – four cases were referred to the CPS with one being found guilty and one dismissed. Two cases are still before the court.
Electricity Industry Safety and Administration Act 1997 – five cases have been referred to the CPS with three defendants being found guilty. One prosecution was withdrawn and one case is still before the court.
Policy, Legislation and Standards
Amended Workplace Health and Safety Regulations.
Major contributions to national inquiries, including the Royal Commission into the Building and Construction Industry and the Productivity Commission inquiry into National Workers Compensation and Occupational Health and Safety frameworks.
Cabinet decision on the outcome of the Rutherford Review of Workers Compensation in Tasmania and preparation of the amendment bill for Parliament.
Cabinet decision and drafting instructions to the Office of Parliamentary Counsel for the new dangerous goods safety management legislation.
Cabinet decision on the occupational licensing legislation.
Discussion Paper and public consultation completed on the issue of portable long service leave in certain industries.
Approval of the Hairdressing Industry Code of Practice and the Forest Industries Codes of Practice.
Codes of Practice for: Abrasive Blasting and Protective Coatings; Construction Industry (electrical safety); Construction Industry (induction); Mining; and Public Events are under development.
Drafting of the Building Regulations 2004 and Plumbing Regulations 2004 was almost finalised.
Ongoing development of amendments to the Building Code of Australia.
Plumbing Code of Australia complete and ready for publication.
Stakeholder Relations
The implementation of the Building Act 2000 was progressed through continuing consultation of complex issues with industry and stakeholders.
A steering committee was created to investigate setting up an industry-run committee to deal with issues of electrolysis in Tasmania. This is particularly relevant with the introduction of Basslink in 2005.
To enhance collaboration and understanding, stakeholders are routinely invited to attend branch meetings within WST.
Managing for Improved Performance
New systems were introduced to improve records management and dangerous goods database management.
The Inspectorate Branch has been reorganised. Regional Teams have replaced Industry Sectors, an Industrial Compliance Inspectorate was created, the Helpline was incorporated into the Inspectorate and a coordinator position was created to improve the delivery of programs under the National OH&S Improvement Strategy.
An Industrial Compliance Inspectorate that services both federal and state jurisdictions was also created. This will further enhance the harmonisation of the delivery of state and federal industrial relations services.
The existing Prosecution Policy was reviewed and two new policies and a role statement were developed for approval. These are the Enforcement Policy, the Prosecution Policy and the Investigations Review Committee Role Statement.
The WorkCover Branch was created from the Information and Compensation Branch on 1 May 2004. The new branch is exclusively focused on achieving the objectives of the WorkCover Tasmania Board.
Additional Achievements for 2003/04
Workplace health and safety (as measured by the number of workers compensation claims submitted) improved by 7%. This is the eighth successive year in which safety statistics have improved.
Tasmania is on track to achieve the OH&S improvement target set in the National OHS Improvement Strategy.
Applicants for renewal of self-insurer permits were required to provide proof of the adequacy of their health and safety systems and injury management systems. The WorkCover Tasmania Board approved funding of $100,000 to resource the WorkCover Audit Program to test self-insurers’ injury management and occupational health and safety systems. Audits were conducted using the InjuryMAP and SafetyMAP audit tools.
Applicants for renewal of self-insurer permits were required to provide proof of adequate financial capacity. The procedure for assessing the adequacy of bank guarantees was redeveloped so that the guarantee provided greater financial security for the WorkCover fund. Self-insurers were required to calculate their estimated liabilities as at 30 June 2003 and adjust the value of their bank guarantee using the new formula approved by the Board. Self-insurers that have a case estimate greater than $1.66 million are allowed to determine the quantum of their bank guarantee by relying upon actuarial advice.
WST continued to service the contract with the Federal Department of Employment and Workplace Relations for ther fouth year. Two hundred and six breaches were identified this year which realised a recovery of $58,853 to employees. A service delivery exceeded the national performance benchmarks.
