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Recommendation issued to: Workcover Victoria

Recommendation details
Output No: R20000187
Date issued: 30 March 2001
Safety action status:
Background:

See report 'Systemic Investigation into Fuel Contamination'.

Output text

The Australian Transport Safety Bureau recommends that Workcover Victoria review its relationship with other regulatory bodies to clarify the limits of their respective regulatory powers and responsibilities with respect to aviation fuels, to ensure that aviation safety issues are effectively regulated.

Initial response
Date issued: 30 September 2002
Response from: Workcover Victoria
Action status: Monitor
Response text:

AUSTRALIAN TRANSPORT SAFETY BUREAU (ATSB) INVESTIGATION INTO CONTAMINATED AVIATION GASOLINE

Thank you for your letter of 14 April 2002 seeking a response from WorkSafe Victoria to the ATSB's recommendations about the Avgas fuel contamination incident.

In response to the ATSB's report, WorkSafe reviewed its role in this type of matter and concluded that where another agency exists solely to regulate in a certain area WorkSafe would generally defer to it.

In this instance, it is WorkSafe Victoria's view that the Civil Aviation Safety Authority (CASA) is the lead agency for regulating the oversight of the manufacture of Avgas for the following reasons:

• CASA is the lead regulator being charged with the responsibility for "comprehensive aviation industry surveillance."

• WorkSafe is constrained to regulating breaches of the OHS Act that occur in Victoria. CASA is a federal body and has no such constraints.

• OHS legislation is not uniform throughout Australia and similar breaches might be treated differently depending on where they occur.

• WorkSafe is limited to regulating matters having a connection with work.

In response to the ATSB report, WorkSafe Victoria sought advice from CASA on its role in the oversight of the manufacture of Avgas but has not received a response as yet. WorkSafe would be happy to meet with representatives of your Department to examine current and future roles. If you have further queries please contact [name supplied] on [telephone number supplied].

ATSB Note:

On 30 April 2008, the ATSB re-classified the response as Closed - Accepted.

Further correspondence
Response from: Workcover Victoria
Response status: Closed - Accepted
Response text:
 
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Last update 05 April 2012