Evaluation of the Practices, Policies and Procedures of SafeWork SA

Summary

The report's own summary: Executive summary, pages 8 to 10

In the body's own words

1. Conclusion

   All of these factors create a working environment at serious risk of corruption, misconduct and maladministration.

   Report, page 8

2. Finding

   One of the most significant findings in this evaluation has been the intentional creation of a communication barrier between SafeWork SA’s educator arm and its regulatory arm.

   Report, page 10

Findings, opinions and statements

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

No findings are reproduced in this record. This does not establish that the report contains none.

Recommendations 39

1. Recommendation 1

   That SafeWork SA changes its policies regarding communication between the educator arm and the regulatory arm to ensure that the regulatory arm is provided with all information about work health and safety risks or potential breaches of the WHS Act.

   Report, page 12

2. Recommendation 2

   That SafeWork SA improves the systems of communication between the Help Centre and the inspectorate to ensure that Help Centre staff are able to quickly and effectively contact members of the inspectorate.

   Report, page 12

3. Recommendation 3

   That SafeWork SA develops and implements a strategic plan.

   Report, page 12

4. Recommendation 4

   That SafeWork SA conducts a functional analysis of all of the work that the organisation should undertake, with a view to identifying the core business functions of the organisation.

   Report, page 12

5. Recommendation 5

   That SafeWork SA makes a clear statement on its website about what action it will take in respect of certain risks, incidents and complaints.

   Report, page 12

6. Recommendation 6

   That SafeWork SA creates, implements and maintains a complete governance framework by: ⊲ ⊲ establishing all of the systems, structures and documents necessary for good governance ⊲ ⊲ documenting the way in which each of those systems, structures and documents interacts with the other systems, structures and documents ⊲ ⊲ identifying the person or persons responsible for each component of the governance framework, and ⊲ ⊲ being accountable for the ongoing operation of the governance framework.

   Report, page 12

7. Recommendation 7

   That, following the establishment of an appropriate governance framework, SafeWork SA prioritises the creation of a policy framework which: ⊲ ⊲ details the process for the identification, creation, consultation, approval and implementation of every policy document ⊲ ⊲ establishes a system for the regular review of each policy document ⊲ ⊲ sets out the manner in which policy documents will be stored and how and who may have access to the policy documents ⊲ ⊲ identifies the hierarchy of policy documents and how they relate to each other ⊲ ⊲ allocates responsibility for each task specified in the policy framework, and ⊲ ⊲ indicates who has authority to approve new policy documents and implement changes.

   Report, page 13

8. Recommendation 8

   That SafeWork SA establishes a central repository for policy documents accessible by all staff which contains only current, accurate and approved policy documents. Draft documents and earlier versions of documents should be stored elsewhere.

   Report, page 13

9. Recommendation 9

   That SafeWork SA improves its triaging practices by: ⊲ ⊲ conducting random audits of triaging decisions to increase oversight ⊲ ⊲ identifying those matters that are not within SafeWork SA’s statutory jurisdiction ⊲ ⊲ identifying those matters that could be best dealt with by some other agency and requesting the reporter to direct the matter to that agency, and ⊲ ⊲ documenting a clear process for triaging and providing instruction and education to team leaders to ensure consistency in the manner in which matters are triaged when they reach team leaders.

   Report, page 13

10. Recommendation 10

    That SafeWork SA establishes clear guidelines regarding the minimum standard of information which is to be recorded about an inspection, including the information which is to be recorded where the inspector has made a decision not to issue a notice.

    Report, page 13

11. Recommendation 11

    That SafeWork SA requires its inspectors to prepare inspection reports in electronic form rather than in hardcopy.

    Report, page 14

12. Recommendation 12

    That SafeWork SA requires inspectors to keep an accurate and complete record of all of the statutory powers that the inspectors have exercised (including by reference to the specific sections and sub-sections) and the reasons for exercising those powers. The record is to be stored electronically in a form which allows data to be easily extracted.

    Report, page 14

13. Recommendation 13

    That SafeWork SA requires inspectors to upload information directly relevant to a workplace inspection to the appropriate electronic system within two business days after the completion of the inspection unless there are exceptional circumstances.

    Report, page 14

14. Recommendation 14

    That SafeWork SA requires, on an annual basis and within one week of a change of circumstances, all staff to sign a statutory declaration disclosing direct and indirect private interests and real, potential and perceived conflicts of interest. SafeWork SA should also require new staff to sign such a statutory declaration on appointment.

    Report, page 14

15. Recommendation 15

    That SafeWork SA establishes its own gifts and benefits policy which requires all staff to report all gifts and benefits offered, accepted or rejected on its own register. The register should be made available to the public for inspection at any time.

    Report, page 14

16. Recommendation 16

    That SafeWork SA ensures that when allocating new case files, to the extent possible, the inspector who is to be allocated the new case file was not the last SafeWork SA inspector to attend at the particular workplace.

    Report, page 14

17. Recommendation 17

    That SafeWork SA changes its practices to ensure that its proactive activities are driven by intelligence it has received; an assessment of the risks; and research regarding the manner in which SafeWork SA will assist workplaces to achieve long term adherence to work health and safety laws.

    Report, page 14

18. Recommendation 18

    That SafeWork SA conducts a greater proportion of its proactive workplace visits as unannounced visits.

    Report, page 15

19. Recommendation 19

    That SafeWork SA establishes a quality assurance program which includes: ⊲ ⊲ on a quarterly basis: • an audit conducted by the inspector’s team leader of a selection of the notices or inspection reports prepared by each inspector • a review conducted by a small group of team leaders of a selection of notices or inspection reports which have been audited by a different team leader • each team leader accompanying each inspector in his or her team on a workplace visit ⊲ ⊲ an audit of all of the work undertaken by randomly selected staff members exercising discretionary statutory powers during a one month period.

    Report, page 15

20. Recommendation 20

    That SafeWork SA implements a system for identifying the location of inspectors during working hours by installing Global Positioning System navigation into SafeWork SA’s fleet of government vehicles.

    Report, page 15

21. Recommendation 21

    That SafeWork SA sends two inspectors to each workplace inspection. Pairs should be regularly rotated and inspectors from different teams or regulatory agencies should attend together where appropriate.

    Report, page 15

22. Recommendation 22

    That SafeWork SA provides inspectors with body worn cameras for use when attending workplaces.

    Report, page 15

23. Recommendation 23

    That SafeWork SA prepares its own annual report for tabling in Parliament which reports on its operations, including the exercise of statutory powers, the number of internal and external reviews conducted and the outcomes of those reviews.

    Report, page 15

24. Recommendation 24

    That SafeWork SA continues to develop a collaborative investigation approach which allows investigators to draw on the expertise of inspectors.

    Report, page 16

25. Recommendation 25

    That SafeWork SA requires investigators to keep an accurate and complete record of all of the statutory powers that the investigators have exercised (including by reference to the specific sections and sub-sections) and the reasons for exercising those powers. The record is to be stored electronically in a form which allows data to be easily extracted.

    Report, page 16

26. Recommendation 26

    That SafeWork SA puts in place a process or procedure whereby at the commencement of an investigation the investigator appointed to carry out the investigation be accompanied by an inspector on at least the first visit to the workplace.

    Report, page 16

27. Recommendation 27

    That SafeWork SA provides investigators with body worn cameras for use when attending workplaces.

    Report, page 16

28. Recommendation 28

    That SafeWork SA implements the 16 recommendations contained in the CSO Advice applicable to SafeWork SA’s practices, policies and procedures, to the extent that those recommendations have not already been implemented.

    Report, page 16

29. Recommendation 29

    That SafeWork SA reviews its evidence management practices in its regional offices with a view to ensuring that: ⊲ ⊲ all offices have an evidence storage facility which is secure ⊲ ⊲ access to each evidence storage facility is restricted, and ⊲ ⊲ all dealings with evidence stored in the facility are documented in accordance with the standard operating procedure.

    Report, page 16

30. Recommendation 30

    That SafeWork SA develops standard processes for all recruitment and selection which meet the mandatory minimum requirements for the South Australian Public Sector and include additional pre-employment screening as determined through an assessment of the risks associated with the role.

    Report, page 17

31. Recommendation 31

    That SafeWork SA provides recruitment training to all staff who are, or will be, members of a recruitment panel for a role within SafeWork SA.

    Report, page 17

32. Recommendation 32

    That SafeWork SA rotates new staff recruited to inspector roles through the separate industry teams as part of the inspector induction program.

    Report, page 17

33. Recommendation 33

    That SafeWork SA provides training as part of its inspector induction program as well as to all existing inspectors and investigators which addresses: ⊲ ⊲ grooming and capture ⊲ ⊲ managing competing pressures at workplaces, and ⊲ ⊲ private interests and conflicts of interests. Private interests and conflicts of interest training should be provided to all staff.

    Report, page 17

34. Recommendation 34

    That SafeWork SA ensures that, during the field based development phase of the inspector induction program and for the first six months following the unconditional appointment of an inspector under the WHS Act, each new recruit or inspector receives constructive comments within 48 hours about the inspection reports and notices that the new recruit or inspector has prepared.

    Report, page 17

35. Recommendation 35

    That SafeWork SA provides management training to all existing managers and team leaders and to any persons who commence in a management role within SafeWork SA.

    Report, page 17

36. Recommendation 36

    That SafeWork SA provides relevant training to all staff who commence in a new role within SafeWork SA, including those staff who have moved from another role within SafeWork SA.

    Report, page 18

37. Recommendation 37

    That SafeWork SA provides written debriefs and regular training to assist staff members to learn from the outcomes of: ⊲ ⊲ investigations and prosecutions ⊲ ⊲ experiences in court ⊲ ⊲ internal and external reviews, and ⊲ ⊲ other comments received by SafeWork SA.

    Report, page 18

38. Recommendation 38

    That SafeWork SA improves the audit capacity of its electronic systems by incorporating a robust audit system into any upgrades to the existing InfoNET and Joget systems, as well as making a robust audit system a prerequisite for the procurement of any future software that captures or holds sensitive information.

    Report, page 18

39. Recommendation 39

    That SafeWork SA provides all staff with training about the importance of maintaining the confidentiality of sensitive information; the appropriate way of dealing with sensitive information; and the manner in which potential misuse of sensitive information should be reported.

    Report, page 18

Published responses

No published response was found.

Coverage

This publisher

• Office for Public Integrity: publishes only its annual reports (excluded); no OPI report or statement records.
• Since October 2021 the Commission does not make findings of corrupt conduct; most records have no findings.
• Government and agency responses are recorded only where the Commission's page links them or the report reproduces them; implementation status is not published by the Commission as structured data.
• Scanned reports without a text layer are not read (no OCR); their recommendations stay not_extracted.
• Recommendations are extracted only from numbered 'Recommendation N' lists; reports that set out recommendations in prose, tables or unnumbered lists keep recommendations_status not_extracted.
• Findings are extracted only from investigation reports that state them in the Commissioner's own words (Oakden 2018, Gillman 2015); public statements are not read for findings.