October 1998 Volume 79 Number 10 "serving the protectors"
Industrial Front
By Andrew Murray and Mark Carroll

OHS&W Station Audits

The Police Association engaged independent consultants to audit police stations involved in December 1997 redeployments, against Part 2 of the regulations of the OHS&W Act. SAPOL agreed to allow access to the police stations by the consultants (Occupational Health & Safety Management & Development Centre) and PASA is seeking bi-partisan support from the recommendations that flow from the reports. The police stations examined are: Glenelg, Sturt, Norwood, Firle, Tea Tree Gully, Para Hills and Salisbury.

The report was formally presented to SAPOL, OHS&W representatives and delegates (from the audited stations) on 15 September 1998. The consultants stated that:

...in general, the Report highlights a low level of compliance by the South Australia Police Department with Regulations relating to electrical safety; hazard management systems; security for personnel; emergency response and evacuation systems. In addition, an adhoc approach to the provision of amenities has resulted in most of the stations audited having poorly designed staff facilities.

SAPOL hopes to achieve and maintain a WorkCover level 3 accreditation. PASA endeavours to assist SAPOL in this aim and believes that the areas of concern highlighted by the consultants should be given expedient consideration. PASA will enter into negotiations with SAPOL in an effort to achieve a satisfactory result for all members.

Air Quality at the Parks Police Station

The Parks Police Station is situated in an industrial area, aptly titled “Recycle Park”. Members have complained since 1996 about the health effects associated with being situated alongside a foundry. PASA engaged Dr Dino Pisaniello from the Department of Public Health to evaluate the health risks associated with occupational exposure to airborne pollutants at the Parks Police Station. Dr Pisaniello completed his report in August 1998, which PASA supplied to SAPOL. Negotiations relative to the findings in the report are continuing between PASA and SAPOL.

Delegate Elections

The constitution of PASA requires that all conference delegate and delegate positions fall vacant as at 31 December 1998. Subsequently, elections must be held, with successful nominees taking office on 1 January 1999 for a two-year term. You will find in this month’s Police Journal an insert that explains the current structure of PASA and the responsibilities of both conference delegates and delegates. Nomination forms for all positions are included. For those interested in becoming a delegate, please read the document carefully and forward your nomination form to either the State Electoral Office - for conference delegates, or the Returning Officer - for delegate positions. Good luck to those who nominate.

Introduction of Name Badges

Most members would be aware that SAPOL intends to issue to all personnel name badges. PASA has responded to this departmental initiative by objecting to widespread introduction, especially to general duty patrol members. PASA believes that operational officers should not have to wear name badges. Police officers are recognisable and accountable through the current identification number system. Member concerns relating to the public nature of providing their names have been raised. PASA believes that operational police should not be subjected to such ease of identification, which has the potential for exploitation by criminal elements. SAPOL states that the experience of interstate police indicates that this issue is generally unfounded. SAPOL state that members names are already easily obtainable from work-related activities.

So what’s the answer?

This issue is not industrial per se in nature. It is better dealt with as an OHS&W issue. Members should therefore report via hazard notices, any instances that arise out of the wearing of name badges, which fall into this realm. PASA is liaising with interstate jurisdictions for feedback relative to the wearing of name badges. The argument that “other jurisdictions wear them so we should too”, would be easier to accept if that principle was applied with rain coats which are usually provided as personal issue.

Know Your Award.
Clause 9A - Plain Clothes Allowance

Clause 9A (c) of the Police Officer’s Award states that officers assigned to uniform areas (other than STAR Division), who are directed to perform duties out of uniform shall receive an allowance of $3.70 for each day such duties are performed. Further, where an officer assigned to a uniform area is certified as incapacitated by the PMO, and is subsequently authorised to perform duties in plain clothes, he/she shall receive either the full per annum allowance if permanently incapacitated or the daily allowance for each day temporarily incapacitated.

If you are a uniformed officer, working on a specific operation that requires you to wear plain clothes, then don’t forget your entitlement under the Award. You cannot be forced into not claiming the allowance unless you allow it!

Taxation of Plain Clothes Allowance

Following approaches from PASA, advice has been sought by SAPOL regarding the correct method of taxing this allowance. The ATO has confirmed the position which PASA had requested be adopted by SAPOL. That is, the allowance, although paid as two lump sums, should be taxed as if it were paid fortnightly. The affect is that tax taken from such payments should be much less.

SAPOL advises that it is considering how to implement a system to correct the past practice and comply with the Tax Act.

Recall for Court

Members have queried recent PASA advice that they ring and confirm court appearances on the day prior to the hearing. Reflecting those concerns, PASA has written to SAPOL and sought advice about how this instruction is intended to apply if the member is rostered off duty on that day. PASA believes that the instruction may technically amount to a recall to duty since it must be complied with. At this time a response from SAPOL is not available but will be appear in the Police Journal.

Electrical Testing

Over recent weeks some members have undertaken training to enable them to do testing of electrical equipment. This testing is required by the OH & S Act. There was no prior consultation with the Association over this issue.

When contacted about the programme it had already commenced and PASA was told that any members involved would be volunteers.

Since then advice has been received indicating that:

• Members were not necessarily volunteers.
• Some members undertaking the training have concerns about the adequacy of the training.
• Some members were not confident about undertaking the work despite the training.
• Some members are concerned about issues of legal liability.

These issues have been taken up with SAPOL and as yet satisfactory answers have not been provided. Other members who have concerns are encouraged to raise them with OH&S delegates, workplace consultative committees or by contacting the Police Association.

Relieving Positions

In early August SAPOL circulated advice (Circular 99/1) to various commands relating to the relieving of positions. This had the effect of cancelling much relieving which had occurred up to that time. Relieving of positions within the patrols area appears to have been particularly affected.

The Police Association believes that the advice is contrary to an existing agreement between it and SAPOL and as such sought a dispute conference with the Industrial Commission. As a result of those conferences, SAPOL has now WITHDRAWN the notice pending further discussions with PASA.

Relieving arrangements should now return to those that existed prior to August 1998 and members are asked to advise the Association if this does not appear to be occurring.