SAFEWORK SA

In reply to the Hon. R.I. LUCAS (16 February 2012).

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations): I am advised:

1. A search of WorkCover SA records has found that there have been no claims in the liquor retailing industry where driveway staff in hotels have been injured by cars whilst working in the drive through bottle shops.

However, a measured risk assessment would conclude that there is some level of risk to safety as a result of moving vehicles associated with drive through bottle shops.

2. On 3 February 2011, SafeWork SA inspectors conducted a compliance audit of Hurley's Arkaba Hotel Trust (the Arkaba Hotel) as part of its SafeWork SA Industry Improvement Program.

The resulting audit document identified that the Arkaba Hotel needed to take reasonable steps to protect the health and safety of persons at the drive through bottle department. The audit tool quoted Regulation 79 (4) of the South Australian Occupational Health, Safety and Welfare Regulations that if a person must work at a place where moving vehicles create a risk to safety, systems of work, and where appropriate, signs, warning devices, barriers, detours and high visibility clothing, must be used to minimise the risk.

I am advised, there was no specific advice to Mr Hurley's business that driveway staff at his hotel had to wear high visibility vests. In fact, the audit tools identified action states, 'Initially investigate methods of reducing the risk, including the provision of speed humps and signage (i.e. 5km/h) to reduce speed and implicit risks.'

3. It is not current government policy that under the current legislation and regulations, all driveway staff in all hotels in South Australia have to wear high-visibility safety vests during their working hours.