CPSU Organiser Nellie Metcalfe breaks down how Child Safety staff at St. John’s Park used their WHS rights to get safety and consultation concerns addressed in their workplace. PICTURED: Child Safety Staff taking industrial action in 2019.
Staunch members, led by their workplace HSR, have made significant advances in ensuring those located in the Woodhouse Building in St Johns Park have a safe and inhabitable workplace.
In early May, Hobart experienced a significant rain event – leading to the Woodhouse Building flooding (not a surprise to many workers at the ageing building). After the rain event, Communities Tasmania instructed the landlord (the Department of Health) that restoration was needed before the building could be habitable again.
After the initial restoration works, HSRs and representatives from the CPSU undertook an inspection of the building. During the inspection, major shortcomings in the restoration work were identified, including significant water damage, a lingering odour of mould and concerns around asbestos.
After weeks of requesting documents and information from the Department, the CPSU and HSRs received inspection reports from the asbestos specialist and occupational hygienist Presna Pty Ltd. The reports, which were completed after the initial inspection by the Department, provided more questions than answers (see last week’s member news).
After consultation with the broader workgroup, the HSR and CPSU Delegate was left with no choice but to submit six Provisional Improvement Notices (PINs) in accordance with the Work Health and Safety Act 2012. These were regarding the findings of the reports and the processes in which the Department had undertaken when making decisions.
Once the PINs had been submitted, the Department was quick to act and invite HSRs and union back to Woodhouse for further inspections of the work which had been completed.
After the completion of the inspection, the HSR and CPSU Delegate was satisfied with the works conducted and revoked 5 of the 6 PINs. Leaving one PIN regarding a post-renovation mould inspection.
An inspection by the occupational hygienist was undertaken on the day of the last inspection and on Monday, the CPSU and HSRs received confirmation that the levels of mould spores was within an habitable range. After citing this report, the HSR and CPSU Delegate withdrew the final PIN. Workers are poised to return to the Woodhouse Building this week.
It’s an example of the power workers have when they speak and act collectively, as well as the powerful rights of roles like HSRs to Employers are made accountable to their workplace obligations. If you’re unsure whether your work group has an HSR or would like support in electing one, we encourage you to get in touch at communications@tas.cpsu.com.au.
The six PINs issued against the Department of Communities Tasmania:
1. On 06/06/2022, the PCBU alerted HSRs and Union Officials at 9:09am that workers were re-occupying part of the building on that day, without HSRs undertaking a walkthrough or being consulted. Contravening the following:
● Section 47: Duty to Consult Workers
● Section 70 (a), (b), (c): General Obligation of the PCBU
2. On 06/06/2022, the Woodhouse building was reoccupied without evidence of investigations into the potential of hidden mould in the voids of the building, as recommended by the Prensa report; leaving workers at risk to long term exposure to mould spores. Contravening the following:
● Section 19: Primary Duty of Care
● Section 47: Duty to Consult Workers
● Section 70 (a), (b), (c): General Obligations of the PCBU
3. On 6/06/2022, the PCBU instructed workers to return to the workplace without confirmation that mechanical air scrubbers, as recommended in the Prensa report, had been placed throughout work areas. No written, verbal or visual confirmation – through an inspection – was provided to the HSR’s.
● Section 19: Primary Duty of Care
● Section 47: Duty to Consult Workers
● Section 70 (a), (b), (c): General Obligation of the PCB
4. On 6/06/2022, no confirmation of a ventilation system, as recommended in the Prensa report, having been installed in the cleaner’s cupboard was given to HSRs prior to workers being instructed to return to the workplace, without consultation.
● Section 19: Primary Duty of Care
● Section 47: Duty to Consult Workers
● Section 70 (a), (b), (c): General Obligation of the PCBU
5. On 9/06/2022, the PCBU attempted to transfer their duties under the act to the building owner. Contravening the following:
● Section 14: Duties not Transferable
● Section 19: Primary Duty of Care
6. The PCBU has provided HSRs with no confirmation that engineering works have been conducted (and successful) to ensure that water does not enter the ceiling cavity during the next rain event, potentially putting workers health and safety at risk. Contravening the following:
● Section 19: Primary Duty of Care
● Section 47: Duty to Consult Workers
