Health & Safety Stakeholder Reference Group

1. Health & Safety Stakeholder Reference Group 26 September 2013 1- 4pm Level 7, 222 Exhibition Street

2. 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 3:05 3:25 3:55 4:00

3. Apologies, Minutes, Actions Apologies Previous Minutes – 29 August 2013 Action items from previous meeting

4. Enforcement Group Update Kate Despot

5. H&S Enforcement – Average fines under the OHS Act (Vic) Page 5

6. Significant convictions and enforceable undertakings in 2012/13 L.Arthur Pty Ltd – fined $330,000 for a fatality (gantry crane collapse). Hansen Yunken Pty Ltd – fined $475,000 for a fatality (EWP overbalanced). Pezzimenti Laserbore Pty Ltd – fined $170,000 for a gantry crane collapse at the Wonthaggi Desalination Project site, injuring a worker. AirRoad Pty Ltd – fined $375,000 for a fatality (failure to enforce exclusion zone). 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

7. Focus areas for 2013/14 include: Work-related fatalities Other ‘notifiable incidents’ where there is a high degree of culpability Focus areas for prevention Non-compliance with a notice Offence against a WorkSafe inspector Incident notification and site preservation Allegations of bullying/discrimination High occurrence / “known” risks Page 7

8. Questions Page 8

9. Reinvigorating our focus as a ‘modern regulator’ Cath Duane

10. 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

11. WorkSafe’s policy statement on ‘Our approach as Victoria’s occupational health and safety regulator’ Page 11

12. WorkSafe’s policy statement on ‘Our approach as Victoria’s Occupational health and safety regulator’ continued Page 12

13. Key findings of the Modern Regulator project report and recommendations Analysis Key Findings Key Recommendations • 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. • 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 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 Page 13

14. Current status and next steps for ‘Modern Regulator’ work 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 25 September – Executive Leadership Team to approve endorsed ‘Modern Regulator’ policy statement - then (with H&S Strategy) to Board and Minister’s office Remaining project recommendations and oversight and monitoring of implementation planning (including communications regarding policy statement) referred to new Health and Safety Strategic Leadership Group Further assessment/discussion to occur on use of some enforcement tools Page 14

15. Health and Safety StrategyStrategic directions Draft pre-briefing document for discussion only – not for distribution Detailed pack will be discussed and distributed at the meeting Robin Trotter

16. The Health and Safety strategy is one of three projects being undertaken to deliver on the WorkSafe 2017 safety objective WorkSafe 2017 Modern Regulator What defines a ‘modern regulator’ and to what extent do we utilise the tools available to us as a regulator 2013/14 H&S Business Unit Plan Health& Safety Strategic Program H&S Strategy Outlining the health and safety vision and strategic direction for 2017 Targeted Work Target hazards, industries & sub-industries Statutory Work Regulated industries & mandated programs Safety POD Initiatives designed to deliver on 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 • Health & Safety Business Unit Alignment Project • This 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 Page 16

17. Under WorkSafe 2017 we are seeking a 10 – 15% improvement in safety … this is in line with the Australian WHS Strategy 2012-2022 targets 10 years to 2022 5 years to 2017 10-15% improvement 20% Reduction in the number of worker fatalities due to injury • KPIs • CPMHW • 4 week CPMHW 30% Reduction in the incidence rate of claims resulting in one or more weeks off work 30% Reduction in the incidence rate of claims for musculoskeletal disorders resulting in one or more weeks off work Page 17

18. Health and Safety strategy development commenced in June … draft broad directions were produced for consideration at the end of August June 2013 July 2014 Strategy development Define work Implementation planning Progressive implementation 8 Aug People leaders workshop 19 – 23 Aug Employee workshops 30 Sept Strategy document Write-up Start-up Analysis Formulate 26 Jul Stakeholder workshop 1 13 – 16 Aug H&S road show 23 Aug Stakeholder workshop 2 31 Aug Broad directions and strategy ‘story’ Page 18

19. In developing the Health and Safety Strategy a broad range of inputs have been considered Legislation WorkSafe 2017 Stakeholder input Environmental context H&S strategy Government policy Employee input Modern regulator project Australian WHS Strategy Learnings from our history and current work Literature Page 19

20. Working with stakeholders and obtaining input / feedback as been a key part of the strategy development process WorkSafe 2017 Workshop 1 Workshop 2 Gathering input during WorkSafe 2017 development Gathering input through the lens of the national strategy Testing and validating proposed themes for the Health and Safety strategy Page 20

21. 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) 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) 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) 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) 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) 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) Page 21

22. Stakeholder feedbackH&S strategy development – workshop 1 Eliminate at source Long-term view H&S Principles Evaluation Elimination at source should be how we start every conversation WorkSafe needs to have the right focus on higher order of control Strategy period should be long term (more than five years) We need to broaden out our timelines to 10-20 years for programs Need to align safety and compliance with the law so that employers / workers are not making a choice Keep monitoring and evaluating what works and what doesn’t – not starting from square one and not acknowledging the past Information & education Leadership & culture Small vs. large Measurement Be clear about the message you want to get across Language and terminology needs to be consistent across parties 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) Need to recognise the difference in state of knowledge between small and large businesses and ways to influence them We need measures of risk reduction or risk control Page 22

23. Stakeholder feedbackH&S strategy development – workshop 2 OHS Principles Risk-based Eliminate at source 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 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 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 Information & education Measurement and evaluation Complex Problems 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 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 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 Page 23

24. Health and Safety Strategy overview OHS foundation stones Themes Eliminate at source risks to health and safety Highest risks Using measurement and evaluation for continuous improvement Information, education and support Safe design, supply chain and procurement Next generation risk prioritisation framework OHS measures Integrated worker health Cutting red tape without diminishing safety Working with and through others Principles Customising for employer and industry characteristics Strategic and aligned use of all regulatory tools Longer-term view Work streams Page 24

25. 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. OHS foundation stones Eliminate at source Highest risks Page 25

26. 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

27. 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

28. What we are aiming for by 2017Where we are today and where we want to be on key dimensions For Victoria Outcomes OHS measures Community mandate Industry-based interventions Where we are today Injury reduction 1-2% p.a. Fatalities – less than 16 Claims risk only Balance between education and enforcement considered appropriate Research identifies risks only (often not translated, consults rather than engages industry) Where we want to be 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 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) Community support for OHS increased Community considers OHS affordable, ‘doable’ and enables them to go about their daily lives Research on workplace interventions for the highest risk industries Release to industry 2-3 interventions on highest OHS risks Page 28

29. What we are aiming for by 2017Where we are today and where we want to be on key dimensions Within WorkSafe Efficiency and effectiveness Frameworks and methodologies Collaboration Shared understanding Where we are today Activity measures (number of visits, investigations, prosecutions) Multiple methodologies / frameworks currently independent for each tool Independent planning for each tool Shared ‘motherhood statements’ for OHS and vision and mission highly valued Where we want to be Efficiency of resource allocation and response to incidents and service requests Resource allocation linked to risk prioritisation Comprehensive methodologies / frameworks applied to tools as a package WorkSafe documentation stands up to independent third party scrutiny All areas that operate OHS tools aligned and jointly accountable Leaders of health and safety services across WorkSafe work as a team 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

30. Health and Safety Update:Asbestos Residential Aged Care Assessment ToolAnthea AndrewsRichard Versteegen

31. The Health and Safety strategy is one of three projects being undertaken to deliver on the WorkSafe 2017 safety objective WorkSafe 2017 Modern Regulator What defines a ‘modern regulator’ and to what extent do we utilise the tools available to us as a regulator 2013/14 H&S Business Unit Plan Health& Safety Strategic Program H&S Strategy Outlining the health and safety vision and strategic direction for 2017 Targeted Work Target hazards, industries & sub-industries Statutory Work Regulated industries & mandated programs Safety POD Initiatives designed to deliver on 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 • Health & Safety Business Unit Alignment Project • This 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 Page 31

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

33. 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 Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 33

34. 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 Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 34

35. Residential Aged Care (RAC) Resident Handling Assessment Tool Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here • 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 Page 35

36. Residential Aged Care (RAC) Resident Handling Assessment Tool • 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 Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 36

37. Residential Aged Care (RAC) Resident Handling Assessment Tool • 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 Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 37

38. Legislation Policy & Information Service Update Angela Jolic

39. OHS Regulations Reform update Manual Handling Code & Regulations • Stakeholder consultation continuing • Code on track for completion early 2014 Page 39

40. 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

41. 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 2013 Next SIG WHS meeting 27 September 2013

42. Any questions?

43. Other Business

44. Close Next SRG meeting 17 October 20131pm – 4pm