health & safety stakeholder reference group

Health & Safety Stakeholder Reference Group

26 September 2013

1- 4pmLevel 7, 222 Exhibition Street

Minutes/Action Items

Enforcement Group Update (continued)

Reinvigorating the Modern Regulator Update

Health and Safety Strategy Update

Health and Safety Update

Legislation Policy& Information Service Update

Other Business

Close

Agenda

Time Agenda item

1.00

1.05

1:35

2:05

3:25

3:05

3:55

4:00

Apologies, Minutes, Actions

Apologies

Previous Minutes – 29 August 2013

Action items from previous meeting

Enforcement Group Update

Kate Despot

H&S Enforcement – Average fines under the OHS Act (Vic)

Significant convictions and enforceable undertakings in 2012/13

Hansen Yunken Pty Ltd – fined $475,000 for a fatality (EWP overbalanced).

AirRoad Pty Ltd – fined $375,000 for a fatality (failure to enforce exclusion zone).

L.Arthur Pty Ltd – fined $330,000 for a fatality (gantry crane collapse).

Pezzimenti Laserbore Pty Ltd – fined $170,000 for a gantry crane collapse at the Wonthaggi Desalination Project site, injuring a worker.

Tabro Meat Pty Ltd – fined $350,000 for a fatality at an abattoir.

EU with Metro Trains – MT to spend $250,000 in safety improvements, training and research projects over an 18 month period.

Page 6

Other ‘notifiable incidents’ where there is a high degree of culpability

Non-compliance with a notice

Work-related fatalities

Focus areas for 2013/14 include:

Focus areas for prevention

Offence against a WorkSafe inspector

Incident notification and site preservation

High occurrence / “known” risks

Allegations of bullying/discrimination

Questions

Reinvigorating our focus as a ‘modern regulator’

Cath Duane

Inputs into reinvigorating our focus as a ‘modern regulator’

The project planned to articulate what being a 'modern regulator' means, review and build on the work already undertaken, assess how well we apply

our tools across the spectrum, and develop recommendations

Page 10

WorkSafe’s policy statement on ‘Our approach as Victoria’s occupational health and safety regulator’

Our Role as a regulator

Administer the following Acts: Occupational Health and Safety Act 2004 and associated regulations, Dangerous Goods Act 1985 and associated regulations and the Equipment (Public Safety) Act 1994 and associated regulations

The objects of the Occupational Health and Safety Act 2004 are achieved having regard to the principles of Health and Safety Protection

The Authority is established under the Accident Compensation Act 1985. This Act and the OHS laws set out a range of functions for the OHS regulator to perform and powers to exercise

Our aspirations

Act as an agent of influence to the community generally and workplace parties specifically

To be perceived and recognised as a prominent and effective OHS regulator

Attributes of a modern regulator

Working to meet the underlying principles of legislation and expectations of government and the community

Being visible and ‘setting the agenda’

Valuing engagement with our social partners and other stakeholders

Influencing and supporting others to take action

Applying the following underpinning principles to guide our work; constructiveness, accountability, transparency, consistency, impartiality, fairness and proportionality.

Applying targeted, ‘risk-based’ and ‘responsive’ approaches to identifying and dealing with current issues and allocating our resources

Preparing for the future

Applying a comprehensive problem-solving approach to address complex problems

Being flexible and agile

Enablers of success

Sound approaches to leadership, governance and organisation

Quality information for evidence-based decision-making (and appropriate record keeping)

Capable and professional staff understanding and working within the parameters of their roles

A ‘learning culture’

Knowledge management

A cooperative approach with co-regulators

Access to qualitative and quantitative data and other intelligence

Measurement of outcomes as well as activities and outputs

Review and evaluation

WorkSafe’s policy statement on ‘Our approach as Victoria’s Occupational health and safety regulator’ continued

Key findings of the Modern Regulator project report and recommendations

Review of Maxwell and our activities

since to become a ‘modern regulator’

Review of WorkSafe’s tools and their

utilisation

High level gap analysis of our current

state to our desired future state

• Perceived to be less effective as a regulator

• High satisfaction with inspectorate, advisory service, information and guidance

• Social partners report we are not always transparent or consistent in what we do or in engagement and consultation

• Unclear how WorkSafe makes decisions about where we will focus our attention and how we drive our work (partly due to a lack of H&S strategy)

• Fragmentation of the OHS functions has occurred in the last 2-3 years

• Have lost corporate knowledge through leadership and other staff turnover

• No coordinated oversight of all the OHS regulator functions

• Focus on evaluation and learning from experience is not strong.

• Perception that WorkSafe has become risk averse.

Key FindingsKey FindingsAnalysisAnalysis Key RecommendationsKey Recommendations

• Endorse policy statement on our approach as a regulator and socialise this

• Executive leadership group for all OHS regulator functions

• Greater transparency about what we do and how we do it

• Improved approach to induction of all staff, learning culture and knowledge management

• Cohesive strategy for information, guidance, education and support tools (as referred to H&S Strategy)

• Ongoing review of use of some enforcement tools

25 September – Executive Leadership Team to approve endorsed ‘Modern Regulator’ policy statement - then (with H&S Strategy) to Board and Minister’s office

4 September – Project Steering Committee endorsed ‘Modern Regulator’ policy statement (and its use as a core reference), establishment of new Health and Safety Strategic Leadership Group, and development/conduct of new induction programs

Remaining project recommendations and oversight and monitoring of implementation planning (including communications regarding policy statement) referred to new Health and Safety Strategic Leadership GroupFurther assessment/discussion to occur on use of some enforcement tools

Current status and next steps for ‘Modern Regulator’ work

Page 14

Health and Safety StrategyStrategic directionsDraft pre-briefing document for discussion only – not for distribution

Detailed pack will be discussed and distributed at the meeting

Robin Trotter

The Health and Safety strategy is one of three projects being undertaken to deliver on the WorkSafe 2017 safety objective

2013/14 H&S Business Unit Plan Health& Safety Strategic Program

Health & Safety Business Unit Alignment ProjectThis project will look at how the Business Unit (PSD & Operations) is organised with an aim to integrate

functions of work to effectively deliver the 2013/14 business plan, the Health and Safety strategy and better position us to be a Modern Regulator

Targeted Work

Target hazards, industries & sub-industries

Modern RegulatorWhat defines a

‘modern regulator’ and to what extent

do we utilise the tools available to us as a

regulator

H&S StrategyOutlining the health

and safety vision and strategic direction

for 2017

WorkSafe 2017

The H&S Business Unit Alignment Project must better organise the business unit so it can effectively deliver its

2013/14 business plan

The H&S Business Unit Alignment Project must organise the business unit so it can implement the recommendations of

the H&S Strategy and Modern Regulator

Statutory Work

Regulated industries & mandated programs

Safety PODInitiatives

designed to deliver on

WorkSafe 2017

Page 16

Under WorkSafe 2017 we are seeking a 10 – 15% improvement in safety … this is in line with the Australian WHS Strategy 2012-2022 targets

5 years to 2017

10-15%improvement

KPIs•CPMHW•4 week CPMHW

2% 3% 3% 3%

11/12

2%

16/17

2% 3% 3% 3%

11/12

2%

16/17

10 years to 2022

20%

30%

30%

Reduction in the number of worker fatalities due to injury

Reduction in the incidence rate of claims resulting in one or more weeks off work

Reduction in the incidence rate of claims for musculoskeletal disorders resulting in one or more weeks off work

Page 17

31 AugBroad directions and strategy ‘story’

Page 18

Health and Safety strategy development commenced in June … draft broad directions were produced for consideration at the end of August

Strategy development

Define work

Implementation planning

Progressive implementation

June 2013 July 2014

26 JulStakeholder workshop 1

8 AugPeople leaders workshop

13 – 16 AugH&S road show

Write-upStart-up Analysis

19 – 23 AugEmployee workshops

23 AugStakeholder workshop 2

30 SeptStrategy document

Formulate

In developing the Health and Safety Strategy a broad range of inputs have been considered

Page 19

H&S strategy

Legislation

Objects of the OHS Act

OHS legislation (Occupational Health and Safety Act 2004, Dangerous Goods Act 1985, Equipment

(Public Safety) Act 1994) WorkSafe 2017

KPIs

Safety aspiration

Environmental context

Economy

Industry trends

Demographics

Social technology

Mental wellbeing

Benchmarking regulatory practice

Climate – weather events

Government policy Securing Victoria’s economy

Statement of expectations

Stakeholder input

Employee inputPrior to strategy development

H&S Strategy engagement

Prior to strategy development

H&S Strategy engagement

Modern regulator project

Regulation literature

Emerging findings

Australian WHS

StrategyObjectives and focus areas

Consultation

Learnings from our

history and current work

Previous strategies

Results and performance

Evaluations and independent reports (VAGO, Maxwell review)

What has worked (professional judgement)

Literature

Strategies of other regulators

Key topics (behaviour change, emerging risk, measurement, leadership , health, small business, complex problems)

Working with stakeholders and obtaining input / feedback as been a key part of the strategy development process

Page 20

WorkSafe 2017 Workshop 1 Workshop 2

Testing and validating proposed themes for the

Health and Safety strategy

Gathering input through the lens of the national strategy

Gathering input during WorkSafe 2017 development

Stakeholder feedbackWorkSafe 2017 strategy development

Organisational Alignment

“WorkSafe silos result in uncoordinated activity”

(SRG – MR)

“Advertising campaigns should support the H&S strategy rather than be a strategy in its own right” (ERG –

MR)

“Objectives of the laws and the actions of the regulator need to align”

(ERG – MR)

Needs to be a link to the National OHS Strategy

(VTHC – Strategy 2017)

Stakeholder Engagement

“Engagement with stakeholders seems already to have taken a

positive turn”

(SRG – MR)

“Collaboration of WorkSafe with sectors”

(OHSAC – Safety POD)

“It is important WorkSafe have an understanding of organisations and

their specific activities when conducting research, developing

resources and guidance material, and entering into partnerships”

(DOH – Strategy 2017)

Measurement / Evaluation

“A ‘modern regulator’ would integrate evaluation into everything it does “

(SRG – MR)

Strategic intervention programs seems to be perpetually ‘new’

(VTHC – MR)

Use all available data and information (not just claims) to inform what

WorkSafe does

(ERG – MR)

Information / Education

“Consider role of WorkSafe as an educator”

(SRG – MR)

Lack of consistency amongst information and advice provided by

Advisory

(VTHC – MR)

Constant visibility needed (inspections, advertising,

communications, education)

(ERG – MR)

Proportionate Touch

The ‘balance’ in WorkSafe appears to have moved far more toward advice etc. and away from enforcement /

prosecutions (VTHC – MR)

“Mix of old and new features is more appropriate than just new”

(ERG – MR)

Using motivators and disincentives for the duty holders to ‘do it right’

(ERG – MR)

Emerging Trends

“Keep up with the changing environment”

(ERG – MR)

Knowledge Management

“Loss of OHS intellect in WorkSafe has reduced due to loss of key

people” – SRG (MR)

Other

WorkSafe’s best is its on-the-ground inspection work (SRG – MR)

“The law seems to be viewed as the ‘maximum’ rather than the ‘minimum’ standard , and the approach to the

‘hierarchy of control’ seems to be one of accepting the lowest order of

control” (VTHC – MR)

Regulator seriously tackles the ‘hard issues’ (e.g. psychosocial)

(ERG – MR)

Page 21

Stakeholder feedbackH&S strategy development – workshop 1

Elimination at source should be how we start every

conversation

WorkSafe needs to have the right focus on higher order of

control

Eliminate at source

Strategy period should be long term (more than five

years)

We need to broaden out our timelines to 10-20 years for

programs

Long-term view

Need to align safety and compliance with the law so that employers / workers are not making a choice

H&S Principles

Keep monitoring and evaluating what works and what doesn’t – not starting from square one and not acknowledging the past

Evaluation

Be clear about the message you want to get across

Language and terminology needs to be consistent

across parties

Information & education

H&S needs to be simultaneously top-down

and bottom-up

HSRs play an important role but do not have authority to

influence up top

Look at what other regulators do (e.g. plumbers)

Leadership & culture

Need to recognise the difference in state of

knowledge between small and large businesses and

ways to influence them

Small vs. large

We need measures of risk reduction or risk control

Measurement

Page 22

Stakeholder feedbackH&S strategy development – workshop 2

WorkSafe needs to make employers do safety

70% of workplaces do not have HSRs

Important to differentiate principles and duties

Requires sizeable investment in the website

OHS Principles

Risk-based section is a means of justification of what WorkSafe is doing

We don’t clearly articulate what we do with our results

Programs need to be run over an extensive period of time

Risk-based

Safety culture is a subset of workplace culture

The inability to precisely define the problem makes them difficult to solve

Complex problems often cross over with other system / management

prerogatives

Complex Problems

Can use financial incentives to eliminate top risks, or premium

additions for not doing something

Work with industry parties, not just industry

Having a bullying policy is not enough

Psychosocial risk is hard to eliminate

Eliminate at source

More work needs to be done in information and education

Managers / supervisors not getting the H&S training they need

Inspectorate can be used

People need real tools and resources to comply

Information & education

Incident / notification analysis can be useful but also counterproductive as

they only come from good performers

Good work done in Earth Resources but this has taken 3 years

Look at internal review, VCAT and bullying / FWA results for data sources

Measurement and evaluation

Page 23

Cutting red tape without diminishing safety

Longer-term view

Working with and through others

Strategic and aligned use of all regulatory tools

Customising for employer and industry characteristics

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Highest risks

Eliminate at source risks to health and safety

OHS foundation stones

Using measurement and evaluation for continuous improvement

Health and Safety Strategy overview

Page 24

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Health and Safety StrategyThemes

Our legislation clearly states what is needed to ensure workplaces are healthy and safe for employers, workers and the public. The OHS foundation stones will simplify the ‘call to action’ on health and safety by improving the knowledge, skills and understanding of workplace parties. We will support the building of capability in workplaces, and more extensively use information and education tailored to employers and workers, so that employers can go about their business confident that they are in compliance with the law.

Our legislation directs the elimination, at source, of risks to the health, safety and welfare of workers, where reasonably practicable. This is the most effective and sustainable way to improve workplace safety. We will work with and through others, using a broad range of tools, both at the workplace and industry level, focusing on the highest-risk hazards and with a longer-term view (10+ years). We will do this in a consultative way to encourage creative solutions, while ensuring that duty holders are accountable for controlling and eliminating risks. We will improve the measurement of risk controls in workplaces and feed this back to industry and employers. Initially, we will invest in safe design, supply chain and procurement. We will release information aimed at demonstrating the value of better controlling or eliminating risk for business.

Over the last decade we have prioritised our activities by the highest risk hazards and injuries; the strategy will progress this concept. We will work collaboratively with and through industry to raise awareness and reach a shared understanding of the top OHS risks facing that industry and how they should be controlled or eliminated. We will make it known that we will stay the course until the risk of harm is significantly reduced, but always at a cost that is affordable for employers.

Page 25

Highest risks

Eliminate at source

OHS foundation stones

Health and Safety Strategy Principles

Regulators across the world use injury reduction measures as a proxy for health and safety performance. The strategy proposes to develop a package of measures to more broadly cover the work we do (in terms of efficiency and effectiveness) and recognise industry and workplace performance. The measures will include targets set by government on red tape reduction and will link strategy to activities, outputs and outcomes. The strategy proposes to use evaluation to build a comprehensive body of evidence to inform our intervention approaches, assess performance against strategy and to provide value-added information to workplaces, industry and stakeholders.

All our regulatory activity will consider the cost of red tape to Victorian businesses while ensuring that safety is not diminished, in line with the Victorian Government’s priorities. The strategy will endeavour to apply the minimum level of regulatory intervention to achieve compliance with the law.

Our legislation is designed to deliver safety by the regulator working with and through industry and workplace parties (employers, workers, and their representatives) to reduce risks to health, safety and wellbeing. The programs and initiatives developed to deliver this strategy will specifically consider how we can best work with other parties and other regulators. The strategy has been developed with our peak stakeholders to ensure all their expertise and influence is directed at working with industry to make Victoria safer.

Our stakeholders believe that a safety approach that is customised for employer and industry characteristics is most effective. In previous strategies, we have segmented by industry and by employer size. This strategy proposes to also consider other employer and industry characteristics and motivations including attitudes to compliance, access to resources, culture, management commitment and existing level of OHS knowledge. This will require us to know more about and better understand our OHS clients so that we can tailor our products and interventions.

We apply the ‘constructive compliance’ approach to regulation; applying a balance of encouragement and deterrence tools. The strategy will better align our regulatory tools by connecting compliance interventions with information, education and financial incentives.

The strategy will allow for a longer-term view of our work (five, 10 or even 20 years out in some cases); a move away from the annual project cycle. We will work with industry to determine longer-term goals and develop measurable programs of work to achieve them over time. Page 26

Health and Safety Strategy Building blocks

The strategy builds on our last decade of safety focus, approach (which includes constructive compliance) and performance. We have stopped to reflect and address areas of improvement identified by bodies such as VAGO and considered developments in evidence-based learning to take safety to a new level under this strategy. This requires the following:

Information, education and support will become more important than ever and we will need to improve and tailor our tools. As the tool with the greatest reach across Victorian employers and their workers, we will develop in conjunction with stakeholders and industry more customised information and education that supports workplace parties ‘doing’ safety.

Safe design, supply chain and procurement have been identified as the areas that we can achieve the greatest risk reductions by eliminating the risks at source. This will create a body of prevention services that have been developed with industry and that can be actioned by industry when they next undertake a business model or major funding decision. These prevention services seek to eliminate at source the highest OHS risks and make the state safer, with regard for what is affordable.

We will move to the next generation of risk prioritisation to make transparent how we have determined OHS risk in collaboration with industry and how we are allocating our resources as the OHS regulator to achieve compliance across the state.

We will need to invest in expanding OHS measures in order to achieve the improvements necessary to deliver this strategy and report on progress on government targets such as red tape reduction.

We will leverage the WorkHealth brand and relationships to develop a small but targeted integrated worker health approach collaboratively with industry that will support employers to take a more holistic view of the health of their workers and the impact on productivity.

Page 27

What we are aiming for by 2017Where we are today and where we want to be on key dimensions

Where we are today

Outcomes

Injury reduction 1-2% p.a.

Fatalities – less than 16

Injury reduction 3%+ p.a.

Fewer fatalities – less than 10

Eliminate 1-2 of the highest risks in highest risk industries

Red tape reduction targets met without diminishing safety

Where we want

to be

OHS measures

Claims risk only

State of risk control for selected hazards in highest risk industries

Top 5 OHS risks for highest risk industries released annually

Assess state of OHS capability (eg consultation, management)

For Victoria

Community mandate

Balance between education and enforcement considered appropriate

Community support for OHS increased

Community considers OHS affordable, ‘doable’ and enables them to go about their daily lives

Industry-based interventions

Research identifies risks only (often not translated, consults rather than engages industry)

Research on workplace interventions for the highest risk industries

Release to industry 2-3 interventions on highest OHS risks

Page 28

What we are aiming for by 2017Where we are today and where we want to be on key dimensions

Where we are today

Efficiency and effectiveness

Activity measures (number of visits, investigations, prosecutions)

Efficiency of resource allocation and response to incidents and service requests

Resource allocation linked to risk prioritisation

Where we want

to be

Frameworks and methodologies

Multiple methodologies / frameworks currently independent for each tool

Comprehensive methodologies / frameworks applied to tools as a package

WorkSafe documentation stands up to independent third party scrutiny

Within WorkSafe

Collaboration

Independent planning for each tool

All areas that operate OHS tools aligned and jointly accountable

Leaders of health and safety services across WorkSafe work as a team

Shared understanding

Shared ‘motherhood statements’ for OHS and vision and mission highly valued

Every employee who works on health and safety understands the Health and Safety Strategy, their role in strategy execution, and what success looks like

Page 29

Health and Safety Update: Asbestos Residential Aged Care Assessment Tool

Anthea AndrewsRichard Versteegen

The Health and Safety strategy is one of three projects being undertaken to deliver on the WorkSafe 2017 safety objective

2013/14 H&S Business Unit Plan Health& Safety Strategic Program

Health & Safety Business Unit Alignment ProjectThis project will look at how the Business Unit (PSD & Operations) is organised with an aim to integrate

functions of work to effectively deliver the 2013/14 business plan, the Health and Safety strategy and better position us to be a Modern Regulator

Targeted Work

Target hazards, industries & sub-industries

Modern RegulatorWhat defines a

‘modern regulator’ and to what extent

do we utilise the tools available to us as a

regulator

H&S StrategyOutlining the health

and safety vision and strategic direction

for 2017

WorkSafe 2017

The H&S Business Unit Alignment Project must better organise the business unit so it can effectively deliver its

2013/14 business plan

The H&S Business Unit Alignment Project must organise the business unit so it can implement the recommendations of

the H&S Strategy and Modern Regulator

Statutory Work

Regulated industries & mandated programs

Safety PODInitiatives

designed to deliver on

WorkSafe 2017

Page 31

Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 32

• What are the problems we are addressing?

> Lack of awareness

> Inconsistency of information (specific to Vic)

> Availability of advice (specific to Vic)

> Illicit dumping of asbestos containing material

• Who are we working with?

> Department of Health, EPA, MAV, Waste Management Groups, Councils

• What new projects are being done

> Asbestos.vic.gov.au

> Domestic Asbestos Removal kits

Asbestos


Asbestos.vic.gov.au

• Website for Victorian advice on asbestos

> Workplace, community, rental

> Built using the user experience (UX) journey

> Photos, interactive house and commercial building

> Support various campaigns

> Interactive map for domestic and commercial disposal

> Contact information for licensed removalists, NATA, hygienists

• Website timing

> Drafting of pages is happening now

> Aiming for completion by end October 2013

> Providing the Asbestos SRG members with prelaunch testing


Kits will

•include PPE, plastic wrap and bags, duct tape, information and instruction

•Be distributed through a variety of councils (up to 20)

•Sold to members of the public (They are only targeted at the DIY home owner)

•Are only for removal of less than 10 square metres of non friable ACM

•Include a voucher funded by the EPA to reduce the cost of disposal

•Require councils to identify and make arrangements regarding domestic disposal

•Pilot will be independently evaluated

Asbestos – Domestic Asbestos Removal Kits Pilot Program


Residential Aged Care (RAC) Resident Handling Assessment Tool

• Why

> Claims information identifies that 60% of MH injury in RAC relates to Resident handling

> Industry generally has equipment, does training and has policy and procedure…… but still have many MH claims

> WorkSafe Aged Care SRG sought further assistance from WorkSafe

• Development

> Aged Care SRG subcommittee oversaw the development

> Engaged the services of David Caple and Associates

> Based project on the holistic approach to MH identified in the ISO Technical report 12296 – MH of People in the Healthcare Sector


• Development

> Drafted assessment tool after visiting 12 RAC facilities

> Trialled draft in more facilities

> Finalised tool, consulted with industry stakeholders, completed WorkSafe approvals process

> Now available in PDF and Word versions

> testing whether we can provide a tablet version



• Assessment tool

> Assessment against minimal compliance, improved performance and best practice

> Self assessment – identify gaps, compare parts of one facility or a number of facilities

> Not an inspector tool but inspectors could ask to see results of self assessment

> Distribution through LASA Victoria, Aged Care SRG, inspector visits, WS Week, other regulators, DHS


Legislation Policy & Information Service Update

Angela Jolic

OHS Regulations Reform update

Manual Handling Code & Regulations

• Stakeholder consultation continuing

• Code on track for completion early 2014

Page 39

OHS Regulations Reform update

Amending Regulation by 2014• A proposal is being developed

• Consultation strategy to be developed

Comprehensive Review by 2017• Initial meetings for plant, high risk work, hazardous

substances, major hazard facilities and mines due to be held in October and November

Report on national OHS forums

Safe Work Australia Members Group Meeting held on 15 August 2013

•Public comment progress report

> Workplace Bullying> Stevedoring

•Revised CoP: Managing Risk in Construction Work

•Technical amendments to the model WHS laws

•Australian Work Health and Safety Strategy

Next HWSA meeting 26 September 2013Next SIG WHS meeting 27 September 2013

Any questions?

Other Business

Close

Next SRG meeting 17 October 20131pm – 4pm

health & safety stakeholder reference group

Documents

safety strategy update

modern regulator update

safety improvements

principles of health

regulator page

equipment public safety

victorias occupational

safety regulatorour