COODE ISLAND COMMUNITY CONSULTATIVE COMMITTEE
THURSDAY 10 JUNE 2004
Robin Saunders Michael
Deborah MacFarlane Ian
Community Rep./Committee Community
Faye Simpson Quentin
Community Rep./Committee Env.
Carlo Fasolino George
State Mgr Kaneb Terminals Pty Ltd/Committee Gen.
Mgr. Kaneb Terminals P/L
Bronwyn Brookman Smith Theo
Major Hazards/Worksafe Manager,
Emergency Mgmt, City
Peter LaRose of
Operations Manager Kaneb Terminals Pty Ltd Brad Crofts
Emma Hooper Dept
of Treasury & Finance
Dept of Treasury & Finance Bob Stensholt MP
Chris Watts Parliamentary
Metropolitan Fire Brigade Treasury
ITEM 1 WELCOME
BY THE CHAIR
Robin welcomed everyone. Introduced Bob, Brad and Emma.
Before the meeting continued George told the committee of an
ABC radio announcement he had heard on his way to the meeting regarding what
the ABC thought was an oil leak at Coode Island. Peter LaRose then left the
meeting to investigate. (It later transpired that it was there was a small amount
of tallow up river from Coode Island to the east of Coode Island. It should be
noted that Terminals Pty Ltd does not store tallow.)
ITEM 2 APOLOGIES
Apologies were received from Bro, Colleen, Robert.
Robin then read a letter he received from Robert Glavich to
those present, which signalled an ongoing interest in CICCC, but inability to
attend future meetings—effectively a resignation.
Robin then suggested the committee look for a replacement
ITEM 3 CONFIRMATION
OF THE DRAFT AGENDA
The draft agenda was adopted.
ITEM 4 GUEST
Robin then invited Bob Stensholt
to speak on the Maxwell Report. The author of the report is Chris Maxwell QC
– Head of Liberty Victoria, who was commissioned by the government to
prepare an independent review of the O.H. & S. Act as the Act had not been
reviewed for 20 years.
Consultation over report (40–50 submissions)
Government now responsible to make decisions
Revise legislation by end of year – 2nd week
Supports setting up new O.H. & S. Advisory Committee –
mix of unions/employers/employees
More support – Work Cover guidance, training, review
Stiffer penalties, flexible application of penalties
Use of unions – accredited Health & Safety
representatives to roam site
Bob also mentioned that the Task Force supported the major
thrusts of the Maxwell Report, including:
Placing a high priority on safety;
Having principles up front in the Act;
Bringing the Act up-to-date with how the courts handle
risk—moving from “practicable” to “reasonably
Introducing an objective test based on gross disproportion: a
high cost/low risk matter might be ignored, while a high cost/high risk would
be expected to be implemented;
Using “carrots” as well as “sticks”;
More guidance from WorkSafe Officers, not just an
“…its your problem” response;
External review will be achieved by a new section in VCAT;
Ruled out Industrial Manslaughter (leave it to criminal law), and
ruled out Unions making prosecutions;
Risk of an incident to be treated as seriously as an actual incident.
Deborah said the review was very
welcome but tends to place focus on industrial premises instead of wider
community, felt he missed the broader interest. Short period for review,
process not community friendly. Need for consultation with the community to be
mandated in the legislation.
Bob said there was a current
provision in the act which widens ambient outside of premises as industries
have responsibilities to make premises safe.
Robin said planning applications
for industries within the Port are not advertised, so need for open approval
process all the more important for WorkCover. No public comment allowed.
Formal requests have to be made to view application. Myriad of interlocking
acts – what is the mechanism for community consultation – missing
in the Maxwell Report.
George questioned the changing
of the wording of “employee” to “worker” and what was
the point of doing that change. George suggested that the report muddied the
water and gave example of a contract electrician performing electrical
maintenance on site.
Bronwyn then stated that
Terminals (as used in the example) would be treated as a Terminals employee.
If on Terminals site then Terminals has a duty of care to that worker.
Ian then stated that the report
focussed on safety and not the environment and that at worst they should be
treated as equal. The approval stage of a new project was the perfect
opportunity for public consultation on safety issues. WorkSafe needs to be
made an Authority (Bob said that the Maxwell Report made the same point).
Ian said he had been concerned
that for a number of years legislation had been moving from prescription to
performance. It was easier for small workplaces to comply with a prescriptive
regime. Bob responded that WorkCover should be working on clarifying standards
and getting the message through, not just performance. He also noted that the
Maxwell Report recommended penalties be set in the Act, rather than in the
Regulations as they are at present.
Ian also noted that a number of
organisations have students, and the Act should cover these (as well as
workers). He drew attention to AS4630 (Risk Management), and a handbook being
prepared by Health and Community Services. He stressed the importance of
recognising that safety issues also come up in relation to health and community
workers providing services in the homes of members of the community—the
workplace can be someone’s home.
Robin thanked Bob (and Brad and
Emma) for an informative and useful presentation. The Committee resolved to
make a formal response to the Maxwell Report.
to prepare and send a response to the Maxwell Report from the Committee.
Quentin suggested that the
Environment Effects Act (presently being reviewed) may also offer opportunities
to the community to comment on health and safety issues.
ITEM 5 PHENOL
George then spoke of the
collapse of the Phenol initiative. Marstell are to convert another tank to
store Phenol. Terminals are involved in discussion with another party for
Ian asked if proposed storage
tank was in fact closer to community. George could not confirm but from his
observations it was a possibility.
Ian then stated that at the last
meeting it was a pleasure to hear a proposal that all were in favour of.
ITEM 6 ACTION
All matters currently in abeyance, pending any re-opening of
the phenol proposal.
ITEM 7 QUESTIONS
Proposal was put to the committee regarding Butadiene storage at
Coode Island. George advised that Terminals looked at storing the gas at Coode
but abandoned the idea as there was not enough room to store the gas without
increasing the risk. Terminals preference would be their storage site at
Geelong rather than Coode as a great deal more space is available and there
would be no significant impact to on and off site risks at the Geelong
George further advised that Terminals was currently in
discussions with DOW with regard to storage of Butadiene at Geelong.
George further advised that butadiene storage would not significantly
alter risk profiles at the Geelong site, but it probably would at Coode. George
said he wasn’t a risk engineer and couldn’t quantify this.
Theo distributed Council Media Release where it was stated council
was opposed to the storage of Butadiene at Coode.
Close proximity to Shell at Geelong was discussed. George stated
that both Shell and Terminals shared joint risk contours.
Ian then stated after his visit to the Geelong site during the
Open Day affirmed considerably more separation of products, scale of plant,
well managed, relatively new site. Reiterated George’s comments –
Geelong appropriate location for Butadiene.
Deborah asked that Robin write to minister to voice concerns
regarding storage of Butadiene at Coode. Concern as a resident, and for concerns
to be put forward. Inform Whitehall Street Committee know of risk. Include
declaration of support from City of Maribyrnong as per their media release.
ITEM 8 MINUTES
OF 6TH MAY 2004
Moved Ian, and adopted without change. Robin thanked Jody.
Minutes of scheduled meeting, Thursday 1st April, 2004
– Moved – Ian and Faye, and adopted without change. Robin thanked
ITEM 9 REPORTS
Hired a Project Manager (CMR) to handle remediation of East side
Cease storage of Acrylonitrile – Plant B West side –
Operations Superintendent resigned and went to Marstell. New
Operations Superintendent – Michael Frost.
Quentin recommends licence change and fee structure as less
hazardous products stored. More risk higher fee.
Bronwyn then stated that licence fee for Work Cover not risk
based. Product stays on licence so no need to amend. Manifest updated weekly
no notification was required to be given to Work Safe.
Bronwyn – Work Safe report
2 visits to Terminals with MFB
Demolition – changes to West side
Fire Systems – confirm issues
MHF licence – timeframes
Audit under carcinogenic licence. Annual audit solely on this
issue with Peter Cocks from Work Safe and 2 hygienists.
Improvement notice – personal monitoring under Benzene
licence. More monitoring to be conducted – more info regarding truck
loading – no occasion of exceeding levels but levels altered from 3 to 1
ppm and monitoring amounts getting close to levels.
Another concern by improvement notice – Noel Arnold
(environmental consultants) not aware of change to standards for benzene
exposure so report are to be reissued.
Chris Watt – Metropolitan Fire Brigade report
No significant responses to Coode Island.
Quentin Cooke – Environment Protection Authority
One meeting with Terminals
East side soil remediation
EPA process auditor reports back to EPA to assess whether clean
up has been completed
Next week EPA board will be visiting, presentation 17 June 2004
to board (George).
Robin received invitation to attend meeting.
Theo Pykoulas – Manager, Emergency Management,
City of Maribyrnong Report
Further implementation of the telephone messaging system for
chemical industries, moving fro a pilot scheme to a City wide ongoing scheme,
depends on Government funding. Consultation with the Office of the Emergency
Services Commissioner is continuing to lobby for such funding. Acknowledged
cannot be done by Council alone.
Invitation for trial of new telephone messaging technology to
broadcast an alert message during a Maribyrnong River flood emergency.
Potential very well received and applies to 400 homes.
Ian told meeting about Risk 2004 Conference – call for
papers extended end June 2004.
ITEM 10 NEXT
15th July, 2004 not
necessary, and cancelled.
Next scheduled meeting –
Thursday 5th August, 2004; then 14th October 2004
Tonight’s meeting to be
minuted as a General Meeting.
MEETING CLOSED 8:40