SafeWork SA review finds reforms needed for workplace safety watchdog

Workers, families of injured or killed employees and unions should be legally free to privately prosecute rogue organisations who escape formal charges, a review of SafeWork SA has urged.

Gayle and Keith Woodford … The outback nurse was murdered in the APY Lands. Picture: Supplied by family

Workers, families of injured or killed employees and unions should be legally free to privately prosecute rogue organisations who escape formal charges, a review of the state’s workplace safety watchdog has urged.

A two-month independent analysis of SafeWork SA, published on Wednesday night, has also advised the government agency to refocus its efforts to cut work injuries or fatalities.

The review, handed to Attorney-General Kyam Maher on December 16, makes 39 recommendations, the majority of which the state government said it had accepted.

While four reforms have been rejected, further consultation will occur on 10 proposed law or budget changes, according to Mr Maher, who said every worker should “come home safely”.

A “civil penalty” proposal would allow parties such as workers, their families or unions to launch legal action against a business or organisation if SafeWork SA declines to prosecute.

If proven, fines would be issued but not convictions. The issue has been subject of “energetic debate” for almost 30 years, the review said.

Carmel Schwartz and Sharon Howard standing together with a framed photo of Peter Howard. Peter took his own life after years of workplace bullying. The family spoke with the review Picture: Morgan Sette.

As did the family of murdered outback nurse Gayle Woodford. her husband Keith was interviewed in the review Picture: Supplied by family

Under state law, anyone convicted of breaching workplace safety laws faces a maximum $1.5m fine.

The government has proposed jail terms under new industrial manslaughter laws. Only SafeWork SA will prosecute criminal cases.

In his 113-page report, former Victorian safety regulator John Merritt urges a new oversight council and a fresh focus on preventing incidents after a number of “highly critical” reviews.

He interviewed the “deeply dissatisfied” families of four killed workers, Daniel Madeley, 18, Jorge Castillo-Riffo, 54, Gayle Woodford, 56, and Peter Howard, 59.

Mr Merritt said while each family had their own “unique and painful story” to tell, “there were three common themes” that included major SafeWork SA investigation blunders, agency disrespect, particularly by withholding information, and its failure to stop other incidents.

“It can build its self-belief, and its reputation, by publicly, and courageously going after the one thing that everyone … really wants – fewer people hurt and killed at work,” it found.

Andrea Madeley who lost her son Daniel to a workplace accident almost 20 years ago. She spoke with the review. Picture: Matt Turner

A did Pamela Gurner-Hall, whose partner Jorge Castillo-Riffo died while using a scissor lifter on the new RAH site in 2014. Picture: Calum Robertson

Other reforms included cutting inspector red tape, boosting inspector and intelligence resources, upgrading IT, and rebuilding a new culture to stop an exodus of inspectors that was too high – there were 20 vacancies.

Mr Merritt also wants to stop a culture of fear at speaking up, better dealings with health and safety representatives as well as improved relationships with unions, industry and other agencies.

Latest data published in the review found SA had among the country’s highest fatality rates after 16 work-related deaths in 2021 but among the lowest serious injury claim ratios.

The review found it could almost quadruple its yearly prosecutions to 30 cases, and double weekly inspections, while it takes more than 38,000 incident calls a year.

“Unfortunately, and somewhat inevitably, the excessive internal focus appears to have come at the expense of the organisation focusing on the health and safety outcomes in the state,” Mr Merritt found.

Attorney General Kyam Maher has published the review. Picture: Roy VanDerVegt

“This is understandable. In fact, it would be hard to imagine any organisation that was subject to this level of criticism not having its attention overly focused on internal matters and avoiding failure.”

While the agency was more professional, disciplined and accountable, it needed to “raise its ambition for safer workplaces”.

Despite its good work, the review urged the watchdog “to shift its focus outwards”.

“It is time to replace some of the criticism for not doing enough, with some criticism for doing too much and trying too hard to get injuries and fatalities down,” it stated.

Former SafeWork SA executive director Martyn Campbell quit last month. Picture: Tait Schmaal.

A new Oversight and Advisory Council, comprising unions, employer groups, government officials and the victims’ right tsar, would review operations, inspections and data, every three months. Mr Merritt, who headed up WorkSafe Victoria, took 29 submissions, including 13 from unions and 11 business groups and spoke to various government leaders and agency staff.

SafeWork SA’s chief, Martyn Campbell, last month quit the agency responsible for administering 29 separate laws, for a lucrative private sector role.

An agency spokesman said it had made “significant improvements” but it could now make further changes.

Originally published as SafeWork SA review finds reforms needed for workplace safety watchdog