Your SlideShare is downloading. ×
Len Neist, Executive Director: Health and Safety, Worksafe Victoria  - The modern regulator in the 21st century
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

Len Neist, Executive Director: Health and Safety, Worksafe Victoria - The modern regulator in the 21st century

424
views

Published on

Len Neist delivered this presentation at the Safety in Action 2014 Conference in Melbourne. This conference brings thought leadership and showcases topical, innovative safety methods and …

Len Neist delivered this presentation at the Safety in Action 2014 Conference in Melbourne. This conference brings thought leadership and showcases topical, innovative safety methods and practices.

For more information, please visit http://www.safetyinaction.net.au/SIA2014Melbourne

Published in: Health & Medicine

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
424
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
32
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Victorian workers returning home safe every day The Modern Regulator in the 21st Century Len Neist Executive Director Health & Safety Victorian WorkCover Authority Safety In Action Conference Melbourne 26 March 2014
  • 2. The VWA – helping keep Victoria safe “It is generally recognised that some degree of regulation is essential for a properly functioning society and economy. The challenge for government is to deliver effective and efficient regulation – regulation that is effective in addressing an identified problem and efficient in terms of minimising compliance and other costs imposed on the community. Poor quality regulation can impose unnecessary costs, impede innovation and create unnecessary barriers to trade, investment and economic efficiency” Productivity Commission 2003 – Regulation and its review Page 2 A modern regulator presents a balanced and constructive approach to promoting and ensuring compliance ……….
  • 3. The VWA – helping keep Victoria safe ….but achieving the right balance in OHS regulation can be more complex than most regulatory environments due to industry and societal dynamics Page 3 Applying OHS regulation consistently becomes difficult with changes in: • Industry composition • Work conditions • Claim trends • Culture • Technology application
  • 4. The VWA – helping keep Victoria safe What constitutes „good regulation‟ has been the focus of extensive study Occupational Health and Safety Review, March 2004 Maxwell. Page 4  Proportionate  Accountable  Consistent  Transparent  Targeted Principles of good regulation Supported by research GunninghamBraithwaite Frieberg Sparrow Supported by International and Federal Government VAGOVCEC Better Regulation Executive Australian National Audit Office
  • 5. The VWA – helping keep Victoria safe Coverage As the OHS regulator for Victoria, the VWA primarily administers two separate Acts VWA‟s role Encourage and enforce workplace health and safety in Victoria through engagement and oversight of duty holders Provide insurance protection to employers and benefits for injured workers and promotion of early return to work in a „no fault‟ scheme Occupational Health and Safety Act 2004 and related Acts and regulations Accident Compensation Act 1985 and related Acts and regulations Historical origin Product of the perceived inadequacies of the earlier private workers' compensation insurance system from late 19th century From significant manufacturing activity and radical Victorian politics in late 19th century – Government assumed role of protecting workers “OHS Regulator” Influence behaviour of workplace parties Enforce compliance with Law “Scheme Administrator” Insurance and assurance All Duty Holders in Victoria Victorian employers with employees Page 5
  • 6. The VWA – helping keep Victoria safe As an OHS regulator and protective scheme manager, we already apply a suite of levers or tools to influence safe behaviour in duty holders but we can become more constructive by getting the balance right Page 6 Achieving the right balance to exhibit constructive compliance requires a risk-based approach to setting goals and defining programs
  • 7. The VWA – helping keep Victoria safe How have we been so far ? Victoria has the safest workplaces of any state in Australia – but we can still do better National average 7.2 Source: Comparative Performance Monitoring Report; 15th ed; Oct 2013 Taking safety to the next level will require a modern, balanced approach as a regulator
  • 8. The VWA – helping keep Victoria safe To move to the next level of sophistication we cannot keep doing the same and expect a new outcome ! Malcolm Sparrow (2008)  Multiple intertwined issues  No clear cause and effect relationship  Cannot be solved in isolation  Traditional means haven‟t fully worked  Requires innovative solutions (departure from BAU) Complex “knotty” problem characteristics Page 8 Need to evaluate how we work, the tools we use and how we can work with others to develop strategies to solve these problems.
  • 9. The VWA – helping keep Victoria safe 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 Manufacturing Health Care and Social Assistance Professional, Scientific and Technical Services 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Page 9 A modern regulator is flexible or adaptable – it is prepared to change as its regulated environment changes ……. People employed (‟000) by industry In 2011/12, Health Care and Social Assistance overtook Retail Trade as Victoria‟s largest industry in terms of people employed Manufacturing‟s larger composition of full-time workers maintains its status as the largest industry by amount of hours worked Hours worked (‟000) by industry 0 50 100 150 200 250 300 350 400 Health Care and Social Assistance Retail Trade Manufacturing 553 % 513 % 613% 615 %549% 555%
  • 10. The VWA – helping keep Victoria safe Society expects their OHS regulator to change with demographics and the at work landscape ………. Page 10 48% 14% 22% 15 - 24 25 - 54 55 and over 2012/13 2002/03 2012/13 Workforce distribution by age group Worker type distribution – largely unchanged VAGO: Occupational Health and Safety Risk in Public Hospitals Implications for VWA Community Concern Part-time Full-time 7,000 8,000 9,000 10,000 11,000 12,000 13,000 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Manufacturing Health Care and Social Assistance Gap is closing Hours worked (‟000) by industry
  • 11. The VWA – helping keep Victoria safe The VWA has developed a strategy to start the journey to constructive compliance and becoming a modern regulator………….. Input your presentation title here (to access to go View, Header and Footer) -Insert your presentation date here Page 11
  • 12. The VWA – helping keep Victoria safe In preparing for change, the VWA has defined the foundation stones that prescribe its purpose ……….. Page 12 The objects of the Law require that the VWA regulates and operates to:  secure the health, safety and welfare of employees and other persons at work  eliminate, at the source, risks to the health, safety or welfare of employees and other persons at work  ensure that the health and safety of members of the public is not placed at risk by the conduct of undertakings by employers and self-employed persons  provide for the involvement of employees, employers, and organisations representing those persons, in the formulation and implementation of health, safety and welfare standards The principles of the Law are intended to improve health and safety by ensuring:  employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances  persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable  employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings  employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks  employees are entitled, and should be encouraged, to be represented in relation to health and safety issues The Objects and the Principles of the OHS Law 2014 are underpinned by the Duties Duties of Employers Duties of Employees Duties of Designers of plant, buildings or structures Duties of Manufacturers and Suppliers of plant or substances Duties of Self-Employed persons Duties of persons who install, erect or commission plant Duties of person who manage or control workplaces
  • 13. The VWA – helping keep Victoria safe To address the changing environment we are reviewing the way we target risks …….. Catastrophic risk High risk Moderate risk Lower and emerging risks industries that pose the threat of catastrophic events and areas where the consequences of non-compliance are severe Industries, hazards and disorders where consequences of non-compliance are high across multiple dimensions Industries, hazards and disorders where consequences of non-compliance are moderate to high across a handful of dimensions Industries, hazards and disorders where consequences of non-compliance are lower, but which are monitored and addressed using broad-reaching tools Indicative resource priority Highest High Medium Lowest Page 13
  • 14. The VWA – helping keep Victoria safe …. as well as reviewing how we respond to risks to health and safety Page 14
  • 15. The VWA – helping keep Victoria safe In getting the balance right – In developing a more constructive compliance approach – the VWA needs to ensure that duty holders understand when the tools will be used Page 15
  • 16. The VWA – helping keep Victoria safe Combining a constructive approach to compliance with a risk- based approach to identifying focus areas is complex but essential for a modern regulator Page 16
  • 17. The VWA – helping keep Victoria safe Working with our stakeholders and partners, the VWA will continue to focus on Victorian workers returning home safely everyday Page 17 Principles of good regulation