82 19 WORKSAFE BOARD From: Nicole Rosie, Chief Executive Lead: Phil Parkes, Chief Operating Officer Prepared by: Aidan Saunders, Senior Advisor - Operations Decision date: 26 November 2019 Title: Gavin Jones Report and Management Response AC T To: AT IO N Simon Humphries, Head of Specialist Interventions M PAPER FOR DISCUSSION/AGREEMENT FO R Recommendations 1. I recommend that the Board: IN a. note the content of the Gavin Jones Report (the Report) IA L b. note the Management Response to the Report. IC c. agree that: FF The 9(2)(a) Whānau and New Zealand Council of Trade Unions (NZCTU) representatives who contributed to the report are appraised of the content of the Report and Management Response; and O i. In Confidence Background ER The Health and Safety at Work Act 2015 (HSWA) TH E ii. The Report and Management Response be proactively released to the aforementioned parties. R EL EA SE D U N D 2. In 2013, the Independent Taskforce on Workplace Health and Safety reported that New Zealand's work health and safety system was failing. As a result, New Zealand's work health and safety system underwent its most significant reforms for 20 years resulting in the establishment of WorkSafe New Zealand and the Health and Safety at Work Act 2015 (HSWA). HSWA shifts the focus from monitoring and recording health and safety incidents (Health and Safety in Employment Act 1992) to proactively identifying and managing risks so everyone is safe and healthy. 19 82 2 AC T 3. The introduction of HSWA brought with it challenges for WorkSafe. These include significant increase in fines, resulting in increased litigation. The investigations being undertaken vary in complexity, with the more complex cases placing high demand on the investigative capacity and capability. Effects AT IO N 4. The impact of these changes has had a bearing on workload and timeliness. This leads to, at times, public dissatisfaction. 5. One example of public dissatisfaction is the investigation into the tragic death of Niko Brooking. This resulted in 9(2)(a) concerns with WorkSafe and the NZCTU. raising 9(2)(a) FO R M 6. By reviewing the implementation of HSWA, including the feedback of the 9(2)(a) , we have identified that our current approach to investigations and interventions is outdated, and unsupported by current technology and functions. This contributes to significant pressures on our staff and management. IN Response IC IA L 7. The Operations Business Case sought to address the challenges, including capability, capacity and regulatory effectiveness. To support this work and address concerns raised by the 9(2)(a) Whānau, we engaged Gavin Jones to complete a case assessment on the Niko Brooking investigation, and a number of unrelated investigation files. O E TH Demand and workload Investigation/Investigator management Victim focus Case management business model; and Alignment/national consistency ER 1) 2) 3) 4) 5) FF 8. The opportunities identified in the Report are across five key areas: N D 9. The five key areas, as above, are addressed in the Management Response to the Report. A number of the actions are duplicated throughout the Management Response to reflect the interaction between response(s). R EL EA SE D U 10. The Detailed Arrangements Programme currently underway is systematically addressing the recommendations of the Report and wider business improvement opportunities. These will be reported to the Board through the Operational Programme Reports. WorkSafe New Zealand Board Paper: Gavin Jones Report and Management Response 19 82 3 AC T 11. The Management Response identifies systems, structure, and process improvements. To fully imbed these changes, we recognise the importance of linking any change to the eTOM, and a need to shift the culture from our current linear approach to investigations, to using a suite of interventions. This will ensure a consistent approach to our future state and working as one, integrated high-performing team. AT IO N Risks 12. The Operations Business Case provided five options for investing in business improvement. The investment advisory committee (IAC) has provided initial funding for Option Two with further consideration of Option Three through the 2020/21 Business Planning Process. FO R M 13. Option Two was selected and provided $5m. There are outstanding risks within the regime that exist, and these need to be considered through the 2020/21 business planning process. IN 14. WorkSafe has already received a request, pursuant to the Official Information Act 1982, for a copy of the Report. Proactive release of information promotes good government, openness and transparency and fosters public trust and confidence in WorkSafe. Change, Communications and Governance IC IA L 15. As noted in the management response, Operations has commenced the first tranche of its people change programme. Included in this tranche are proposed changes to the Specialist Interventions area. A number of these changes look to address management oversight of Investigations, consistency, victim and file management. FF 16. Regulatory Practice and Legal Services have contributed to the development of the management response. TH E O 17. We plan to bring the 9(2)(a) Whānau, and representatives of the NZCTU to Wellington to provide them with an overview of the Report and the Management Response. Appendices ER a. The Report (25 July 2019); and R EL EA SE D U N D b. Management Response (13 November 2019) WorkSafe New Zealand Board Paper: Gavin Jones Report and Management Response