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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-04-01 Daily Xml
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Nyrstar

In reply to the Hon. T.A. FRANKS (2 March 2021).

The Hon. R.I. LUCAS (Treasurer): I have been advised:

SafeWork SA has either investigated or is currently investigating each of the incidents referred to by the honourable member and compliance action has been undertaken. Improvement and prohibition notices have been issued under the Work Health and Safety Act 2012 (WHS Act) and Work Health and Safety Regulations 2012 (WHS Regulations).

With regard to support for workers who have ongoing injuries, ReturnToWorkSA has advised that Nyrstar Port Pirie Pty Ltd is a self-insured employer under the Return to Work Act 2014 (the act) and has direct responsibility and management of all existing and new work injury claims in their workplace.

ReturnToWorkSA as the regulatory body for all self-insurers has in place a regulatory framework that supports a structured risk-based approach to evaluating a self-insurer's compliance with the act, the code of conduct for self-insured employers (required by the act), the service standards under the act and the prescribed terms and conditions set out in schedule 3 of the Return to Work Regulations 2015.

In relation to the mental health of workers at the lead smelter, an employer's work health safety responsibilities extend to the mental health of workers, and employers must manage, identify and communicate psychosocial hazards that could result in a psychological injury.

I am advised that Nyrstar has in place a free employee assistance program with an independent provider that offers a confidential service, which supports and assists employees and their immediate family members with any personal, family, or work issues that may be affecting them.

Nyrstar can also access a ReturnToWorkSA mentally healthy workplace consultant, who can actively engage and work collaboratively with a business to positively address mental health in the workplace. This is a service that is available to self-insured and registered employers.

SafeWork SA continues to work closely with Nyrstar to mitigate the risks of WHS incidents in their workplace. By its very nature, a smelter is a high risk environment. Over the last two years SafeWork SA has continued to assess Nyrstar's compliance with WHS laws and will monitor their actions through targeted compliance audits of the Port Pirie site.

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