3508 (2024). Teanau Tuiono to the Minister for Workplace Relations and Safety

3508 (2024). Teanau Tuiono to the Minister for Workplace Relations and Safety: What criteria was used to determine whether a worksafe investigation would happen or not in the case of Labour-hire workers Jake Ginders and Floyd Harris?

Hon Brooke van Velden: WorkSafe was informed of the incident relating to the double fatality of Jake Ginders and Floyd Harris which occurred on 16 January 2019. The incident was a private vehicle on-road crash and at that time, was subject to an investigation carried out by the police serious crash unit. In July 2019 the Coronial Manager referred the January 2019 incident to WorkSafe to review in July 2019. The matter was considered by WorkSafe against the February 2019 position document “When Will WorkSafe Intervene”. The criteria provided in this position document are: 1. Will intervening help us to deliver on our purpose and functions? 2. Does the matter fall within our jurisdiction? 3. Are we the best placed agency to intervene? In August 2023, the Coroner referred the matter back to WorkSafe under s119 of the Coroners Act to review considering new information becoming available through the Coronial Inquest process. The matter was considered by WorkSafe against the July 2021 policy document ‘When we Intervene”. The criteria provided in this policy document are: 1. The risk or harm sits within our responsibilities. 2. We’re best placed to intervene if there’s an overlap with another agency’s responsibilities. 3. The significance of the risk of harm means it warrants intervention. 4. Intervening is an effective use of our resources.