ANSTO supports the findings of the Comcare Review Panel that an ANSTO employee was not suspended because he complained about alleged health and safety matters, nor was he physically or psychologically injured in his employment.
The Review Panel also found that ANSTO did not breach Section 68 of the OHS Act. This means ANSTO did not ‘underreport safety events to Comcare’ as found by the initial investigation. Use of such language by the investigator was therefore not appropriate.
These findings come following the substantial representations made by ANSTO to the Review Panel to assist with a clearer understanding of the issues at hand. ANSTO is encouraged by the fact the Review Panel agreed with ANSTO’s submissions on this issues.
ANSTO notes that Review Panel was unable to reach the same conclusions as the investigator who conducted the initial investigation. ANSTO believes this finding is very important. The Review Panel found that ANSTO was not explicitly advised of the scope of the investigation, that the structure of the report required review and that the language of the report was not always in a neutral tone. The Review Panel also found that the investigation included commentary outside of the investigator’s jurisdiction.
With regards to ANSTO Health’s safety procedures, the Review Panel found there was sufficient evidence of ANSTO performing adequate risk assessment and having appropriate measures in place to minimise worker dose and exposure to incidental radiation for workers producing radiopharmaceuticals. The Review Panel also found that incidents referenced in initial investigation did not cause an actual risk to the health of the employees involved.
Unfortunately the Review Panel’s findings on procedural fairness do not appear to be sound. The Review Panel report showed no evidence that the Review Panel made the proper required assessment of procedural fairness principles in coming to its conclusions that ANSTO was afforded procedural fairness.
ANSTO therefore rejects the findings of the Review Panel on this point. In this context, ANSTO notes that the denial of procedural fairness to the 23 ANSTO employees who were not offered the opportunity to participate in the investigation in the form of formal interviews.
Such interviews would have provided expertise and contextualised evidence attributed to them in the report. This was not considered by the Review Panel as it did not from part of their Terms of Reference.
ANSTO has placed on record with Comcare its strong concerns with the methods of investigation, lack of consideration of legal advice, and inconsistencies between the findings and the conclusions.
However, discussions between the Chief Executive Officers of Comcare, ARPANSA and ANSTO are leading to a deeper understanding of current safety best practice in the context of a nuclear environment.
On this basis, ANSTO has agreed to implement the recommendations of Comcare’s Report of Investigation 4245, without prejudice to its position in relation to its concerns with the findings and conclusions of the investigation report.
ANSTO is further encouraged by Comcare’s recently published strategy document detailing Comcare’s proposed regulatory approach. ANSTO looks forward to working with Comcare to meet our mutual and individual objectives; a safe working environment with all staff embracing a modern safety culture, whilst ensuring Australians continue to have uninterrupted access to the potentially life saving nuclear medicine produced at ANSTO Health.
Under ANSTO’s statutory obligations to provide reports of investigations to its internal health and safety committees, ANSTO will table Comcare’s Review Panel report and ANSTO’s response to that review report at a meeting of its Central Safety Co-ordinating Committee which is a made up of elected employee representatives.
ANSTO strongly encourages Comcare to make the Review Panel’s full report public.
Published: 30/05/2011