ACT Work Health and Safety Council communiques

Meeting 26

19 May 2026

The Work Health and Safety Council (the WHS Council) is established under the Work Health and Safety Act 2011 to advise the Minister for Skills, Training and Industrial Relations on matters relating to work safety, workers' compensation and activities of the work health and safety (WHS) regulator (WorkSafe ACT). The WHS Council meets quarterly and includes representatives from government, industry, and unions.

Summary of discussions

The Chair welcomed members to the 26th meeting of the WHS Council and acknowledged the Traditional Custodians of the land.

Members endorsed the minutes from Meeting 25, held on 16 March 2025.

Members noted the WHS Commissioner's update, matters being considered nationally through Safe Work Australia fora, and updates from the Policy Branch, Work Safety Group, CMTEDD.

Members were advised about the current national transition period underway for moving from the workplace exposure standards to workplace exposure limits, referring to national education material and resources about the transition are available on the Safe Work Australia airborne contaminants webpage. It was also noted that regulation amendments would be required locally to implement the change to workplace exposure limits.

Members discussed consultation items underway and commencing with the Council, including local implementation of the nationally agreed Model Code of Practice: Healthcare and social assistance industry in the ACT. In addition, Members were advised about the upcoming consideration of model codes for proposed local implementation including for managing the work environment and facilities, elevating work platforms, managing fatigue risks, and managing biological hazards in the workplace.

Members discussed the ACT Private Sector Workers Compensation Scheme Annual Actuarial Performance Review, scheme trends and underlying premium drivers contributing to ACT private sector workers compensation premiums.

Members were consulted on and discussed potential priority activities for the 2026–27 Minister's Statement of Expectations for WorkSafe ACT.

Members noted recent NSW reforms on digital work systems and related national work underway on the model work health and safety duties.

Members endorsed the WHS Council's 2026-28 Business Plan.

Members also noted the private and public sector workers' compensation injury trend data reports.

Frances Crimmins
Chair, WHS Council

Meeting 25

16 March 2026

The Work Health and Safety Council (the WHS Council) is established under the Work Health and Safety Act 2011 to advise the Minister for Skills, Training and Industrial Relations on matters relating to work safety, workers' compensation and activities of the work health and safety (WHS) regulator (WorkSafe ACT). The WHS Council meets quarterly and includes representatives from government, industry, and unions.

Summary of discussions

The Chair welcomed members to the 25^th meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes from Meeting 24, held on 11 November 2025.

Members noted the WHS Deputy Commissioner's update, discussion of matters being considered nationally through the Safe Work Australia fora and updates from the Policy Branch, Work Safety Group, CMTEDD.

Members received a presentation from the ACT Chief Nursing and Midwifery Office on proposed workers compensation legislative reforms on expanding the scope of ACT nurse practitioners.

Members also heard a presentation from Safe Work Australia on the Asbestos Framework Review.

Members discussed consultation items underway and commencing with the Council, including locally implementing national revisions to the existing Work Environment and Facilities Model Code of Practice and the new Elevating Work Platforms Code of Practice in the ACT. Members also discussed the nationally agreed Aluminium Welding Fumes Workplace Exposure Standards'.

Members discussed the draft WHS Council Business Plan 2026-28 and establishing a scaffolding best practice working group.

Members noted the injury trend data reports provided to the Council for both the private and public sector workers' compensation schemes.

Frances Crimmins
Chair, WHS Council

Meeting 24

11 November 2025

The Work Health and Safety Council (the WHS Council) is established under the Work Health and Safety Act 2011 to advise the Minister for Skills, Training and Industrial Relations on matters relating to work safety, workers' compensation and activities of the work health and safety (WHS) regulator (WorkSafe ACT). The WHS Council meets quarterly and includes representatives from government, industry, and unions.

Summary of discussions

The Chair welcomed members to the 24th meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes from Meeting 23, held on 12 August 2025.

Members were provided an update on recent legislative changes, including code updates and legislation recently passed by the ACT Legislative Assembly referring to the Work Safety Group website for further information about the changes.

The WHS Commissioner provided the WHS Council with an update on activities of the regulator, including WorkSafe ACT’s quarterly compliance and enforcement data and an update on WorkSafe ACT’s Residential Construction Strategy.

Members considered the 2024-25 Office of the Work, Health and Safety Commissioner Annual Report.

Members discussed compliance issues in the residential construction industry and relating to scaffolding with Members agreeing to establish a stakeholder working group to consider the existing framework for scaffolding and best practice standards for the ACT.

Members received a presentation from the Health and Community Services Directorate on developing industry access guidelines under the Period Products and Facilities (Access) Act 2023 and committed to further consultation before the guidelines were finalised.

Unions ACT presented to WHS Council Members an update on activities being delivered with funding provided by the ACT Government under the Workplace Health and Safety and Conditions Liaison and Education Grant.

Members elected Frances Crimmins as the new Chair and Michael Hiscox as the new Deputy Chair of the WHS Council for a two-year term from 6 December 2025.

Members thanked the current elected Chair, Michael Hiscox, for his leadership and contribution to the work of the WHS Council over the last 2 years.

Members noted the proposed meeting dates for 2026.

Members noted the injury trend data reports provided to the Council for both the private and public sector workers’ compensation schemes.

Frances Crimmins
Chair, WHS Council

Meeting 23

12 August 2025

Summary of discussions

The Chair welcomed members to the 23rd meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes of Meeting 22, held on 20 May 2025.

Members noted the WHS Commissioner’s update, updates on matters being considered nationally through the Safe Work Australia fora, and legislative updates from Policy Branch, Work Safety Group, CMTEDD.

The WHS Commissioner provided an update on WorkSafe ACT’s Residential Construction Strategy and Members discussed current and potential interventions to improve WHS culture in the ACT’s residential construction sector.

Members noted several revised codes of practice coming into effect on 5 November 2025 in the ACT, which incorporated nationally agreed updates to model Codes relating to additional psychosocial hazard guidance material.

Members discussed consultation items underway and commencing with the Council, including locally implementing the Model Code of Practice: Healthcare and social assistance industry in the ACT and noted upcoming consideration of draft model codes being developed by Safe Work Australia including for managing fatigue risks, and managing biological hazards in the workplace.

Members also considered the feedback provided to consultation on proposed workplace legislation reform, including emergency/crisis payments to dependents in the event of a workplace death under workers’ compensation laws for the ACT private sector.

Members noted reports on injury trend data for both the private and public sector workers’ compensation schemes.

Michael Hiscox
Chair, WHS Council

Meeting 22

20 May 2025

Summary of discussions

The Chair welcomed members to the 22nd meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes of Meeting 21, held on 11 February 2025.

Members noted the WHS Commissioner’s update, including WorkSafe ACT’s quarterly compliance and enforcement data. The Commissioner provided an update on WorkSafe ACT’s Residential Construction Strategy and Members discussed issues in the residential construction industry, including licensing and education.

The Council engaged in a mid-term review of its 2024-2026 WHS Council Business Plan (Business Plan) and approved the continuation of its Business Plan.

Members discussed consultation items underway and commencing with the Council, including local implementation of nationally agreed crystalline silica substance safety requirements and proposed legislative reforms to provide emergency/crisis payments to dependents in the event of a workplace death under workers’ compensation laws for the ACT private sector. Members also discussed third party involvement in WHS prosecutions.

Members received a presentation from the University of South Australia on the psychosocial safety climate survey for WorkSafe ACT, who described WorkSafe ACT’s results as positive and advised Members they had been invited to be recognised as a high performing organisation.

Members discussed the ACT Private Sector Workers Compensation Scheme Annual Actuarial Performance Review, and trends and underlying drivers contributing to ACT private sector workers’ compensation premiums.

Members noted reports on injury trend data for both the private and public sector workers’ compensation schemes.

Michael Hiscox
Chair, WHS Council

Meeting 21

11 February 2025

Summary of discussions

The Chair welcomed Members to the 21st meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes from meeting 20 held on 14 November 2024.

Members noted the WHS Commissioner’s update, updates on matters being considered nationally through the Safe Work Australia fora and legislative updates from Policy Branch, Work Safety Group, CMTEDD.

Members also discussed issues relating to consultation and engagement with workplace health and safety representatives, in particular when meeting WHS duties to display notices issued. In addition, notification to health and safety representatives when inspectors exercise powers of entry was also raised in discussion.

Members noted draft WHS codes of practice out for consultation with the WHS Council in relation to:

• an updated ACT Transport and Delivery of Cash Code of Practice, and
• seven revised codes of practice to incorporate nationally agreed model WHS code amendments including additional guidance material relating to psychosocial hazards.

Members noted the private and public sector workers’ compensation injury trend data reports.

Michael Hiscox
Chair, WHS Council

Meeting 20

14 November 2024

Summary of discussions

The Chair welcomed members to the 20th meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes from meeting 19 held on 22 August 2024.

The WHS Commissioner provided the WHS Council with an update on activities of the regulator, WorkSafe ACT, including WorkSafe ACT’s quarterly compliance and enforcement data. Consultation with Members of the Council on WorkSafe ACT’s draft Strategic Plan 2024-2028 and draft Compliance and Enforcement Policy 2024-2028 was also commenced, noting further public consultation would also occur.

Members endorsed the 2024-2026 WHS Council Business Plan and priorities for the WHS Council.

Members discussed the ACT Private Sector Workers Compensation Scheme Annual Actuarial Performance Review, trends and underlying drivers contributing to ACT private sector workers’ compensation premiums.

Members also discussed consultation items commenced with the Council, including:

• local implementation of nationally agreed crystalline silica substance safety requirements
• revisions to the ACT’s Tower Crane code of practice
• views on retention of the ACT’s Transport and Delivery of Cash code of practice.

Unions ACT provided an update to the WHS Council on activities being delivered with funding support under the Workplace Health and Safety and Conditions Liaison and Education Grant.

Members also noted the private and public sector workers’ compensation injury trend data reports.

Michael Hiscox
Chair, WHS Council

Meeting 19

22 August 2024

Summary of discussions

The Chair welcomed members to the 19th meeting of the WHS Council (the Council) and acknowledged the traditional custodians of the land.

Members endorsed the minutes from meeting 18 held on 16 May 2024. Minutes were also endorsed from the extraordinary meeting held on 10 July 2024 for Council to urgently discuss matters in relation to publication protections in legal proceedings afforded to complainants of sexual-based workplace issues made to the regulator.

The Education Directorate provided the WHS Council with an update on work being undertaken by the Directorate in relation to the prevention and management of occupational violence in ACT public schools.

The WHS Commissioner provided the WHS Council with a quarterly update on activities of the regulator, WorkSafe ACT. This included an update on the monthly industry breakfasts and WorkSafe ACT’s quarterly compliance and enforcement data. Members considered the performance of WorkSafe ACT.

Members discussed consultation with the WHS Council on the upcoming Ministerial Statement of Expectations for 2024-25 for the work safety regulator and potential priority areas for regulatory activities to focus on.

Members also discussed matters relating to WHS obligations and protections for workers under 18 and the broader legislative framework governing the protection of minors in the workplace.

Members further noted the commencement of consultation with the Council on a review of the ACT’s Tower Crane code of practice and local implementation of broader nationally adjusted silica safety requirements.

Members noted the private and public sector workers’ compensation injury trend data reports.

Michael Hiscox
Chair, WHS Council

Meeting 18

16 May 2024

Summary of discussions

The Chair welcomed members to the eighteenth meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members endorsed the minutes from meeting seventeen held on 29 February 2024.

The WHS Commissioner provided the WHS Council with an update on recent activities of the WorkSafe ACT, including monthly industry breakfasts and implementation of the Health and Safety Representatives toolkit and network.

Members discussed the national ban on engineered stone and proposed implementation approach for the ACT, including in relation to nationally settled notifications and proposed exemption requirements.

Members discussed the draft sexual and gender-based harassment code and the feedback provided during the previous consultation processes and endorsed the draft code. Members agreed to endorse the draft code for proposed implementation in the ACT.

Members also discussed public communications and awareness raising for codes and WHS changes more broadly.

Members discussed the draft ACT extreme temperatures code of practice and references to specific temperatures within the code.

Members noted the ACT private sector workers’ compensation annual actuarial review.

Members discussed the framework for impact analysis in relation to changes to work health and safety laws applying in the ACT, including the previous requirements at the national level for changes to the model WHS laws and the use of Regulation Impact Statements under the Legislation Act 2001.

Members noted the private and public sector workers’ compensation injury trend data reports.

Michael Hiscox
Chair, WHS Council

Meeting 17

29 February 2024

Summary of discussions

The Chair welcomed members to the seventeenth meeting of the WHS Council and acknowledged the traditional custodians of the land.

The Deputy WHS Commissioner provided the WHS Council with an update on recent activities of the WorkSafe ACT, including the management of asbestos contaminated mulch in the ACT.

Members discussed the upcoming priorities of the WHS Council which are expected to be addressed over the 2024-26 operating period.

The WHS Council considered the risks posed by poor air quality, often due to bushfires, and the potential inclusion of relevant guidance in the Managing the work environment and facilities code of practice.

Work continued to address psychosocial risks in the Territory, with the WHS Council considering the Model code of practice: Sexual and gender-based harassment for adoption in the ACT.

Members noted the private and public sector workers’ compensation injury trend data reports.

Michael Hiscox
Chair, WHS Council

Meeting 16

16 November 2023

Summary of discussions

The Chair welcomed members to the sixteenth meeting of the WHS Council and acknowledged the traditional custodians of the land.

Members elected a new Chair of the WHS Council, Michael Hiscox for a two-year term. Members thanked the current Chair, Anthony Brierley, for his leadership and contribution to the work of the Council over the last 2 years.

The Work Health and Safety Commissioner provided members with an update on recent activities of the regulator, including compliance and enforcement activities in the residential construction sector, silica dust and sexual assault incident reporting.

Members also noted and discussed the 2022-23 Office of the Work, Health and Safety Commissioner Annual Report.

Members considered the development of guidance materials for working in extreme heat and risks posed by poor air quality for the summer/bushfire season.

Members noted the private and public sector workers’ compensation injury trend data reports.

Anthony Brierley, Chair, WHS Council

Meeting 15

24 August 2023

Summary of discussions

The Chair welcomed Members to the fifteenth meeting of the Council and acknowledged the traditional custodians of the land.

The Work Health and Safety Commissioner (the Commissioner) provided members with an update on recent activities of the regulator. These included:

• activities undertaken as part of the ACT Young Workers Strategy
• planned activities of the regulator over the upcoming Safe Work Month in October 2023
• recent WHS compliance campaigns in the residential construction sector.

Members also considered 2 draft revised ACT codes, relating to managing risks associated with construction formwork and updates to the sex work code of practice.

Members discussed:

• work underway to develop a work health and safety code of practice on managing risks associated with extreme heat in the workplace
• recent revisions to Safe Work Australia’s model Consultation, Cooperation and Coordination Code of Practice
• private sector workers’ compensation premiums in the ACT.

Members noted the private and public sector workers’ compensation injury trend data reports.

Anthony Brierley, Chair, WHS Council

Meeting 14

8 and 16 June 2023

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

Members undertook the annual review of the 2022-24 Business Plan and endorsed the inclusion of the targets outlined in the Australian Work Health and Safety Strategy 2023-2033.

Members were briefed on an upcoming work-related violence communication campaign, developed by the ACT Government. There was an opportunity for members to provide feedback on the campaign.

The Work Health and Safety Commissioner (the Commissioner) provided members with an update on recent regulator activities.

Members endorsed the draft code of practice for managing the risks of silica dust at work, and the draft managing psychosocial hazards at work code of practice.

Members noted the progress on revisions to the form work and sex work codes of practice.

Members noted the update provided on developing an extreme weather and air quality code of practice and discussed the complexity of working safely in extreme heat.

Members noted the ACT Private Sector Workers’ Compensation Scheme Performance review to June 2022, which was published in June 2023.

Anthony Brierley, Chair, WHS Council

Meeting 13

22 March 2023

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

The Chair welcomed newly appointed members and acting members to the WHS Council. Following changes in membership on the Council, a new deputy Chair, Michael Hiscox (employee representative Member), was elected.

Members discussed the Council’s 2023 forward work plan.

The Work Health and Safety Commissioner (the Commissioner) provided members with an update on recent regulator activities.

Members were provided with 2 revised draft ACT codes for a further consultation period in relation to managing the risks of respirable crystalline silica and managing psychosocial hazards at work.

Members noted the importance of the upcoming International Workers’ Memorial Day on 28 April 2023 – a memorial day to remember those that have lost their lives at work.

Anthony Brierley, Chair, WHS Council

Meeting 12

17 November 2022

Summary of discussions

As the Chair was an apology for meeting 12, the Deputy Chair presided over the meeting. The Deputy Chair opened the meeting and acknowledged the traditional custodians of the land.

Members discussed the scheduling of 2023 Council Meeting dates.

Members discussed consultation with the Council seeking the representative views of stakeholders on several draft codes of practice including for:

• formwork
• sex work
• Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) revisions
• managing the risks of silica dust
• managing psychosocial hazards at work.

The Work Health and Safety Commissioner (the Commissioner) provided members with an update on recent regulator activities, as well as the Commissioner’s Annual Report. The Commissioner highlighted 3,335 inspections were undertaken by WorkSafe ACT Officers in the 2021-22 year.

Members noted injury data information trends and comparisons provided.

Zach Smith, Deputy Chair, WHS Council

Meeting 11

17 August 2022

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

Before proceeding with the agenda for the meeting, members noted recent media interest in activities of the ACT’s work safety regulator, the Office of the Work Health and Safety Commissioner (WorkSafe ACT), and noted a number of general principles about the operation of the ACT’s WHS laws.

• The WHS Council reaffirmed the importance of section 271 of the Work Health and Safety Act 2011 relating to the safeguarding of confidential information collected by the regulator.
• The Council restated the importance that all persons conducting businesses or undertakings (PCBUs) in the ACT comply with their duties and obligations relating to work health and safety. These duties and obligations apply in the public sector as well as the private sector.
• The Council considers that the ACT Government, including the ACT Legislative Assembly, should be a model PCBU in relation to the work health and safety of its workers.

In proceeding with the meeting’s agenda, Council members considered and endorsed the Work-Related Violence Advisory Committee’s Preventing and Managing Work-Related Violence Recommendations Report for advice to the Minister.

Members agreed the Chair’s annual letter for inclusion in the Office of the WHS Commissioner’s 2021-22 Annual Report and were consulted about the next statement of expectations for the Office of the WHS Commissioner for 2022-23.

Members heard a presentation from WorkSafe ACT on the regulator’s Young Workers Strategy launched in November 2021.

Members heard a presentation from Ms Marie Boland on the ACT WHS prosecutions review report commissioned by the WHS Commissioner, and considered the report.

The ACT Work Health and Safety Commissioner provided members with an update on recent regulator activities.

The meeting was closed by the Chair.

Anthony Brierley, Chair, WHS Council

Meeting 10

19 May 2022

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

Council Members discussed and provided endorsement of the WHS Council 2022-24 Business Plan.

Members agreed to extend the term of the Work-Related Violence Advisory Committee to 8 August 2022.

All members provided support for the importance of Workers’ Memorial Day and its increased promotion across all workplaces.

Members discussed:

• a draft ACT Code of Practice for managing silica dust in the workplace
• Tower Crane Code of Practice for the ACT
• the ongoing impacts of COVID-19
• WHS prosecutions and sentencing decisions
• upcoming legislative changes
• WHS incident notifications
• the 2021 revised occupational diseases list for workers’ compensation
• national progress on implementing the 2018 Boland Review of the model WHS laws.

The ACT Work Health and Safety Commissioner provided members with an update on recent regulator activities. The meeting was closed by the Chair.

Anthony Brierley, Chair, WHS Council

Meeting 9

17 February 2022

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

The Chair acknowledged the death of a worker in Taylor in December 2021 and invited members to a moment of reflection, expressing condolences.

The Chair acknowledged the resignation of Jason O’Mara and welcomed new member, Zach Smith.

Members elected Zach Smith as Deputy Chair of the WHS Council.

Council Members discussed the WHS Council 2022-24 Business Plan and resolved to endorse the new plan out of session.

Council members discussed the ongoing impact of COVID-19 on workplaces, including:

• matters relating to vaccinations
• rapid antigen testing
• WHS matters
• workers’ compensation.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided members with an update on recent regulator activities.

Members discussed the 2021-22 Annual Report for the Office of the Work Health and Safety Commissioner and commended the WHS Commissioner on the comprehensive and informative document.

Council Members noted the private and public sector workers’ compensation injury trend data reports [PDF 233 KB].

The meeting was closed by the Chair.

Anthony Brierley, Chair, WHS Council

Meeting 8

17 November - 1 December 2021

Summary of discussions

Meeting 8 of the WHS Council was held offline, through email correspondence.

My term as elected Chair of the Council expires on 18 December 2021. I appreciate the opportunity to Chair the WHS Council for the last 2 years.

The election of Mr Anthony Brierley was endorsed by Members as the new WHS Council Chair, to commence in the role from 19 December 2021.

Council Members considered a number of other issues, including resolving to establish the Work-Related Violence Advisory Committee and national consultations being held by the Asbestos Safety and Eradication Agency (ASEA) in relation to asbestos safety training.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided members with an update on recent regulator activities.

Council members noted the private and public sector workers’ compensation injury trend data reports [PDF 775 KB].

Jason O’Mara, Chair, WHS Council

Meeting 7

15 September 2021

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

Council members finalised template terms of reference for future advisory committees established by the WHS Council and received nominations to establish a Work-Related Violence Advisory Committee.

Council members discussed the ongoing impact of COVID-19 on workplaces, including matters relating to vaccinations, WHS matters and workers’ compensation.

Members considered a proposed suite of regulatory reform to protect workers in the Territory from silica dust exposure; including the model Code of Practice on Managing the risks of respirable crystalline silica from engineered stone in the workplace; and considered a legislative remedy proposal for high-risk plant registration in the ACT.

Council members endorsed a letter from the WHS Council Chair to the Office of the Work Health and Safety Commission for inclusion in the 2020-21 Annual Report.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided members with an update on recent regulator activities.

Council members noted the private and public sector workers’ compensation injury trend data reports.

Council members strongly encourage all workers in the Territory receive a COVID-19 vaccine, where possible, to assist in protecting workers and the community from COVID-19.

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 6

17 June 2021

Summary of discussions

The Chair opened the meeting and acknowledged the traditional custodians of the land.

Council members discussed:

• the ongoing impact of COVID-19 on workplaces
• WHS matters
• workers’ compensation
• the regulatory responses to silica dust exposure
• industrial manslaughter.

Council members discussed the progress of the Workplace Crystalline Silica Exposure Advisory Committee (Silica Sub-committee) advice and the establishment of Advisory Committees of the WHS Council more broadly.

Council members discussed:

• the ACT’s WHS licensing framework
• issues relating to workers in the gig economy
• work underway in relation to a code of practice on managing psychosocial hazards in the workplace.

Amanda Grey, ACT Work Health and Safety Deputy Commissioner, provided Members with an update on recent regulator activities.

Council Members noted the private and public workers’ compensation injury trend data reports [PDF 235 KB].

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 5

17 March 2021

Summary of discussions

The Chair opened meeting and acknowledged the traditional custodians of the land.

The Minister for Industrial Relations and Workplace Safety attended the first quarter of the meeting, highlighting the:

• important role of the WHS Council
• Government’s legislative reform priorities
• significant and ongoing work program of the WHS regulator, WorkSafe ACT.

The Minister formally commenced consultations with the Council on the next Statement of Expectations for 2021-22 for WorkSafe ACT.

Council members discussed the ongoing impact of COVID-19 on workplaces, WHS matters and workers’ compensation, and the regulatory responses to silica dust exposure and industrial manslaughter.

Council members endorsed the Recommendations Report from the Extreme Weather Conditions Advisory Committee (Weather sub-Committee) for forwarding to the Minister for Industrial Relations and Workplace Safety and agreed to finalise term of the sub-Committee.

Council members received an update on the first meeting of the Workplace Crystalline Silica Dust Exposure Advisory Committee (Silica sub-Committee) which will consider both WHS and injury management and workers’ compensation issues, with a priority focus on advice on implementing a mandatory silica dust training.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided Members with an update on the recent activities of the regulator, including organisational capability, stakeholder engagement and initiatives and regulatory activity.

Council Members noted the private and public workers’ compensation injury trend data reports [PDF 326 KB].

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 4

18 August 2020

Summary of discussions

The Chair opened meeting and acknowledged the traditional custodians of the land.

The Chair acknowledged the resignation of Valdis Luks from the Council.

Council members discussed:

• the ongoing impact of COVID-19 on workplaces,
• WHS matters and workers’ compensation
• planning that is underway to deal with the potential of a second-wave of COVID-19 cases in the ACT.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided members with an update on:

• the achievements within the first 100 days in office
• the implementation of recommendations of the 2018 independent review of the ACT’s work safety compliance infrastructure, policies and procedures
• a presentation on the impact of COVID-19 on mental health in the workplace.

A suite of draft documents were also presented:

• Enforcement Policy 2020-2024
• Strategic Plan 2020-2023
• Statement of Operational Intent 2020-2021.

Seeking comment and input from the Council by the end of August.

Council members endorsed membership of the Extreme Weather Conditions Advisory Committee, with meetings to commence at the end of August on a 6-weekly basis.

The emerging issue of silicosis was discussed and the Council agreed to establish a sub-committee to establish recommendations for addressing silica dust exposure in the workplace.

Council members noted the Annual Review of the Workers’ Compensation Private Scheme and the injury trend data report.

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 3

20 May 2020

Summary of discussions

The Chair opened meeting and acknowledged the traditional custodians of the land.

The Chair acknowledged the resignation of Alex White and welcomed new members, Matthew Harrison and Jacqueline Agius (WHS Commissioner) to the Council.

Council members discussed the impact of COVID-19 on workplaces, WHS matters and workers’ compensation, and noted the continued impact this will have on businesses and workers.

Jacqueline Agius, ACT Work Health and Safety Commissioner, provided members with an update on the:

• regulator’s activities
• implementation of recommendations of the 2018 independent review of the ACT’s work safety compliance infrastructure, policies and procedures.

Council members noted the Annual Review of the Workers’ Compensation Private Scheme and the latest injury trend data report [PDF 2 MB].

Council members discussed the implementation of reduced workplace exposure standard levels for silica dust and future subcommittees of the Council.

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 2

27 February 2020

Summary of discussions

The Chair acknowledged the country and contribution of Aboriginal and Torres Strait Islander people and welcomed members to the second meeting of the WHS Council.

Members discussed the forward two-year Business Plan for the Council and agreed the general work program noting that it may be amended following establishment of the new Office of the WHS Commissioner.

Council members discussed the issue of silicosis and considered establishing a subcommittee for progressing immediate work in this area.

Other issues considered were the impact of climate change, in particular extreme weather conditions and bushfire smoke, and mandatory white card construction training under the Work Health and Safety Act 2011.

Council members were given an update on the progress of establishing the new Office of the WHS Commissioner and appointment of the new WHS Commissioner. Members agreed their support for the WHS Commissioner’s independence, including having a formal ability to make Budget Bids directly to the portfolio Minister.

Council members considered the latest injury trend data report [PDF 2 MB].

Council members expressed a motion of condolence for the 2 workers who lost their lives this year in the construction industry, marking their respect to the workers, their families and friends with a minute silence.

Council members considered issues in the construction industry and the level of awareness of health and safety hazards, risk prevention and mitigation strategies between the residential and construction industry sectors.

The meeting was closed by the Chair.

Jason O’Mara, Chair, WHS Council

Meeting 35

13 June 2019

Summary of discussions

Council members were provided with an overview of the ACT's participation in the Safety Rehabilitation and Compensation Commission by the ACT representative on the Commission, Ms Catherine Hudson.

Council members were provided with an update on behalf of the Work Safety Commissioner on recent activities of WorkSafe ACT, including the new appointment of a dedicated psycho-social inspector.

Council members considered a paper providing a summary of the preliminary review of the literature and data in relation to the incidence of work-related mental health conditions in ACT workplaces in the health and social services sector.

Council members discussed the next Strategic Plan for the Work Safety Council and considered the priority areas for the Council to focus its efforts, including:

• the Independent review of the ACT's work safety compliance infrastructure, policies and procedures
• the National 2018 review of the model work health and safety laws
• silica dust exposure, young workers transitioning to their first job and the contribution of workplace design to work health and safety risks and hazards.

Council Members noted the latest injury data report [PDF 1 MB].

Next Meeting scheduled for 29 August 2019.

Meeting 34

14 March 2019

Summary of discussions

The Chair welcomed the new employer representative member, Ms Renessa Gray, appointed since the last Council meeting.

Council members discussed the outcomes of the 2018 Independent review of the ACT’s work safety compliance infrastructure, policies and procedures.

Council members were introduced to Ms Amanda Grey who is leading the team responsible for implementing the recommendations of the review. Members then discussed the implementation process including progress on the legislative changes for the new governance structure for WorkSafe ACT.

Council members agreed to consider the strategic direction of the Council for the next financial year (2019-20) as part of the next Council meeting.

Council members were provided with an update on recent developments at the national level with regard to workers’ compensation and work health and safety issues and policies. In relation to the regulation of asbestos, the Council considered that the ACT should not delay implementing any changes to the model work health and safety laws that are agreed at the national level regarding illegally installed asbestos.

The Council discussed the development of a labour hire licensing scheme in the ACT, noting the ACT’s preference is for a national approach to this issue.

The Council considered that latest injury data report [PDF 883 KB] and noted that a literature review would be undertaken in relation to the incidence of work-related mental health conditions in ACT workplaces.

The Work Safety Commissioner provided an update to members on the recent activities of WorkSafe ACT.

Next Meeting scheduled for 13 June 2019.

Meeting 33

26 September 2018

Summary of discussions

The Council was provided with an update from the Work Safety Commissioner. He noted the appointment of a dedicated asbestos inspector as well as a dedicated apprentice and young worker inspector. The apprentice and young worker inspector has been actively working with young workers and employers to ensure work health and safety obligations are met. WorkSafe ACT is also engaged in the nationally emerging health and safety issue of silica dust exposure.

The Council discussed the need to improve community awareness and compliance with work health and safety laws in relation to vehicles as workplaces. Members were also provided with an update on national level discussions covering a range of work health and safety matters including:

• illegally installed asbestos
• quad bike fatalities
• plant registration.

The Council agreed to incorporate apprentices, trainees and young workers’ work health and safety issues into the strategic business plan for the Council with a specific focus on these employees’ rights, supervision and mental health.

The Council endorsed changes to the terms of reference for the Occupational Violence Advisory Committee to expand the Committee’s deliberations to cover hospitals and the retail and hospitality industry.

The Council also discussed and voted on proposed reforms to the powers of work health and safety permit holders in relation to the video recording of visits to the workplace and the taking of photographs when exercising right of entry powers. The Council will be writing to advise the Minister of the outcomes of those deliberations.

Council members endorsed the ACT Construction Industry Safety Strategy 2018-20 finalised by the Construction Safety Advisory Committee. A copy of the Strategy will be provided to the Minister.

Other business discussed at the meeting included:

• current issues regarding the application of workers’ compensation cover to family day carers
• a report into workplace safety for young women workers.

The Council considered the latest injury data provided by the Secretariat – the trend report is provided at the following link:

• Trend Report - Lost time injuries [PDF 775 KB].

Next Meeting scheduled for February 2019.

Meeting 30

29 November 2017

Summary of discussions

The Chair welcomed Ms Sharron O’Neill (University of New South Wales) as a new Ministerial Appointee to the Council.

Members discussed the scope of injury data available to inform the Council’s strategic direction. Members considered an injury trend report prepared by the Secretariat and agreed that an aggregated version of the report should be publicly released and included with the communiqué – the trend report is provided at the following link below:

• Trend Report - Lost time injuries [PDF 977 KB].

The Council was provided with an update on the first meeting of the Apprentice and Young Workers Safety Advisory Committee, which was formed in response to a request from the Minister for Workplace Safety and Industrial Relations following a number of serious injuries to young workers in the Territory.

Terms of Reference have been agreed by the Apprentice and Young Workers Safety Advisory Committee which comprises employee representatives, training organisations and employer organisations. The focus will be on:

• considering the adequacy of existing regulatory frameworks and guidance materials
• informing the Work Safety Council on the current state of workplace safety management and practices with regard to apprentices, trainees and young workers
• facilitating partnerships to drive industry safety improvements for this vulnerable group of workers through awareness, training and consultation.

It is anticipated that this fixed-term Committee will meet monthly.

Members were provided with an update by the Occupational Violence Advisory Committee. Work is continuing on raising awareness that occupational violence in schools and hospitals is not acceptable.

The Council was provided with an update on the latest meeting of the Construction Safety Advisory Committee. The Council endorsed the Committee’s recommendation that the Council recommend to the Minister that the nationally accredited Working Safely with Asbestoscourse be mandated in legislation for certain occupations and workers who may undertake minor routine maintenance work involving asbestos containing material.

The ACT Work Safety Commissioner provided the Council with an update on the recent activities of WorkSafe ACT. Members were informed that there were 1427 workplace visits in the period July-October 2017. A major focus is currently on young workers, with audits of workplaces employing young workers scheduled for the coming weeks.

Additional matters discussed by the Council included:

• WHS information provided to Work Experience students;
• WHS compliance framework;
• ACT safety record; and
• Workers Compensation Amendment Bill 2017.

Next Meeting scheduled for March 2018.

Meeting 29

30 August 2017

Summary of discussions

The Chair advised the Council that the Minister had confirmed the appointment of 3 new members:

• Mr Kirk Coningham (Master Builders Association) as an Employer Representative
• Ms Sharron O’Neill (University of New South Wales) as a Ministerial Appointee
• Ms Louise Hughes (SRC Solutions Pty Ltd) as an Acting Employer Representative.

Note: Mr Coningham has subsequently resigned from his position at the Master Builders Association and consequently also from the Council. A call for nominations to fill the vacant Employer Representative position will occur in due course.

Prior to the meeting, the Minister for Workplace Safety and Industrial Relations, Rachel Stephen-Smith, had written to the Council requesting that the Work Safety Council establish a fixed term subcommittee of the Council to report on apprentice and young workers’ safety. Members were provided with the draft Terms of Reference for the proposed Committee. The Council agreed to the Minister’s request and endorsed the proposed Terms of Reference with the suggestion that health and wellbeing language be added to the Terms of Reference. Nominations for the Apprentice and Young Workers Safety Advisory Committee are now being sought from key industry stakeholders.

Members were provided with an update on the Occupational Violence Advisory Committee. The Committee proposed that they develop a Health and Safety Representatives (HSRs) network strategy to raise awareness that occupational violence in schools and hospitals is not acceptable. This proposal was supported by the Council, which acknowledged the work the Committee has carried out to date.

The Council was provided with an update on the deliberations of the Construction Safety Advisory Committee. The Committee advised that it had recently been presented with the findings of the safety climate survey into the ACT construction industry conducted by RMIT University. The Council was advised that the research will help inform a new safety strategy for the construction industry which is being developed by the Construction Safety Advisory Committee.

The CFMEU put forward a number of legislative reform proposals aimed at enhancing engagement and consultation within the construction industry which the Council agreed to put forward to the Minister.

The ACT Work Safety Commissioner provided the Council with a written update on the recent activities of WorkSafe ACT.

Members discussed the importance of inspectors to the effective operation of the workplace health and safety legislation in the ACT and discussed how decisions are made regarding the allocation of inspectors across workplaces. It was noted that WHS representatives were of particular importance to small and medium size enterprises in order to create better health outcomes for employers and employees, and the Council will continue to consider ideas for improving workplace health and safety outcomes among small and medium enterprises in the ACT.

Next Meeting scheduled for Wednesday 29 November 2017.

Meeting 28

24 May 2017

Summary of discussions

The Chair advised confirmation of appointments have been received for 3 new acting members:

• Ms Louise Hughes (SRC Solutions Pty Ltd)
• Ms Lisa Dart (Project Coordination Australia Pty Ltd)
• Mr Matthew McCann (Electrical Trades Union of Australia).

The Council was advised that the Minister is supportive of the Council’s Strategic Plan for 2017.

Members were updated on the deliberations of the Occupational Violence Advisory Committee and agreed that there was a need to seek greater engagement from the health, aged care, and education private sectors to ensure that issues around occupational violence in those sectors could be adequately examined by the Committee. Similarly, the Council encouraged the Committee to seek additional female representation, as available data indicated that a greater proportion of female workers were subject to occupational violence.

Members were given an update on the Construction Safety Advisory Committee. Members considered and agreed to the development of a site supervisor workplace health and safety training course for the construction industry. This proposal is supported by the ACT Work Safety Commissioner, union and industry stakeholders.

The Council was provided with an update on the issue of psychosocial injuries in the workplace and noted that this is an area where research and analysis was occurring at the national level.

The Council was provided with an update on Heat Stress in the workplace. Safe Work Australia is currently working on national guidance material for work in heat. Information from this work will be shared with the Council as it comes to hand.

The Council was informed that the Return to Work Coordinator training course is to be reviewed. Members were asked for nominations for an offline review.

The Work Safety Commissioner provided the Council with an update on the recent activities of WorkSafe ACT. Members noted that 3,700 work place visits had already been undertaken this year, which in an increase on last year.

Next Meeting scheduled for Wednesday 30 August 2017.

Meeting 27

30 November 2016

Summary of discussions

The Council supports an upcoming survey of the safety culture in the Territory’s construction industry. The results of the survey will inform the development of new and improved safety initiatives in the Territory.

Members discussed and supported in principle the Work Safety Council’s Strategic Business Plan. The plan aligns Council priorities and activities with the National Work Health and Safety Strategy 2012-2022.

The Council expressed growing concern about occupational violence in the Territory and undertook to convene a sub-committee to focus on this topic.

The Construction Safety Advisory Committee has been giving consideration to a specific Working with Asbestos Course for use in the ACT. The Council considered the Committee’s proposal and has sought additional information from the Advisory Committee on how such a course could best meet the WHS needs of employees working with Asbestos Containing Materials.

The Council noted recent injuries and incidents involving young or apprentice workers in the ACT. Work Health and Safety Education and Training will remain a Council standing agenda item to enable members to monitor developments and provide advice to the Minister on this topic.

Members discussed timing for the commencement of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) in the Territory and agreed that 1 January would be a suitable start date. Planning to support this is underway.

The Council discussed labour hire arrangements in the ACT and considered the outcomes of inquiries recently undertaken by South Australia, Victoria and Queensland. Members requested further information on developments in this area to enable the Council to provide advice to the Minister on labour-hire arrangements in the ACT.

The Work Safety Commissioner provided the Council with an update on the recent activities and upcoming compliance programs for WorkSafe ACT.

Next Meeting scheduled for Wednesday 24 May 2017.

Meeting 26

30 November 2016

Summary of discussions

Rachel Stephen-Smith, Minister for Workplace Safety and Industrial Relations, attended the meeting to introduce herself to Council members and discuss the Council’s priorities for 2017.

The Minster thanked Members for their contributions to the Council, noting the importance of work safety and acknowledging the Council’s significant agenda.

The Council agreed to establish a sub-committee on occupational violence and will work with the Education and Training Directorate and others to review occupational violence prevention arrangements.

The Council continues to focus on identifying opportunities to improve the safety of the Territory’s transient and vulnerable workers. The Council was provided with an update on the work being undertaken by the WHS Transient Workers Subcommittee.

Members were also provided with an update on the recent activities of the Construction Safety Advisory Committee. This included an update on the review of the implementation of the 28 recommendations arising out of the 2012 review into safety in the Territory’s construction industry (the Getting Home Safely Report).

The Council agreed to the adoption of the Certificate of Capacity (for work) for the Territory’s private sector workers’ compensation scheme, subject to a review 12 months after implementation. The Certificate of Capacity encourages an injured worker’s doctor to identify what duties the worker is able to undertake given the nature of their injury.

Members were asked to provide advice on whether the current training module for return to work coordinators is appropriate or whether an ACT specific training course module needs to be developed (currently the NSW course, which is customised for the ACT, is used). It was agreed this item be added to the Council’s Work Plan.

The Work Safety Commissioner gave the Council an update on the recent activities of WorkSafe ACT including:

• the recent release of a Tower Crane Audit Report
• preparation for an upcoming proactive inspection
• the release of safety videos.

Next Meeting scheduled for Wednesday 22 February 2017.