The NSW Ombudsman has released a special report on actions taken by SafeWork NSW Inspectors at the Blue Mountains City Council (BMCC), finding a number of occasions where SafeWork’s compliance notices were issued contrary to the law.
The Ombudsman, Michael Barnes said his investigation and subsequent report, Investigation into actions taken by SafeWork NSW Inspectors in relation to Blue Mountains City Council workplaces, followed a complaint made by the Council in 2018 which alleged wrong administrative conduct by SafeWork when it took various compliance actions in relation to the Council’s asbestos management practices.
Mr Barnes said workers, employers and the community relied on SafeWork to make enforcement decisions and actions that were based on professional expertise, evidence and relevant standards.
“In my investigation, however, I identified a number of occasions where SafeWork’s compliance notices were issued contrary to law,” Mr Barnes said.
“In particular, on a number of occasions SafeWork Inspectors issued notices without holding the reasonable belief that is required under the legislation,” he said.
“Instead, they issued the notices because they were directed to do so.”
Mr Barnes said his investigation also found some cases where SafeWork required the Council to take action that was not justified by legislative guidelines and relevant industry standards.
“SafeWork also failed to provide clear and documented evidence as to why other standards were being applied,” he said.
“The impact of SafeWork’s conduct in the cases identified imposed significant financial costs on Blue Mountains City Council, and therefore indirectly on its ratepayers.”
Mr Barnes made 11 recommendations aimed at improving SafeWork’s policies, procedures and training.
He also recommended the SafeWork apologise to BMCC and provide compensation for the undue expenses caused by its actions.
“The report recognises the difficult contextual environment in which SafeWork was operating,” Mr Barnes said.
“There was considerable media and political interest in Blue Mountains City Council at the time, particularly in relation to its management of asbestos health and safety risks,” he said.
The Ombudsman’s 96-page report can be accessed at this PS News link.
