Compliance Monitoring – wrong again about tank wagons; protecting a Teflon certifier
- WorkSafe Must Improve
- Oct 2
- 2 min read
WSCA 2515 is yet another example of ineptitude displayed by WorkSafe as well as its lame approaches to investigation and requiring compliance with important rules. WorkSafe was, according to it:
Unable to locate a notification of refusal, despite there being only three made during the relevant period despite confirmation of receipt issued by WorkSafe to DGC; and
As part of his investigation of the complaint (that the certifier could not lawfully have issued the certificate), the WorkSafe inspector treated the certificate as proof that everything was OK (it wasn’t!). How can the evidence of failure (certificate) that is complained about be evidence that there is nothing wrong?? (Here we see the full ineptitude of WorkSafe and its dysfunctionality through astonishing illogical, unreasoned behaviour).
The complaint was closed as vexatious or frivolous, despite the review recognising that the PCBU had failed to comply with the required certification requirements. Chat GPT Pro-5 critiqued WorkSafe’s decision and concluded – “the conclusion of “no breach” is unsound” because the duties to ensure compliance also fell on the certifier. iIn my experience WorkSafe has certifiers that it protects under all circumstances, such as the certifier in this case.
One has to wonder whether a decision-maker with ‘5 minutes of experience’ at WorkSafe is competent to perform the role of approving poor work by those who report to him. He surely cannot be because he cannot understand much about the technical requirements. He is not alone in the mismatch between experience and responsibility, features which handicap WorkSafe from improving.
For an asset class that WorkSafe is highly concerned about, it has shown through WSCA 2515 how ineffective it is at requiring both PCBU and compliance certifier to abide by the clear rules. There is a remounted tank wagon on the road without any of the required protections that are designed to protect many road users from potential harm. WorkSafe must improve.
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