An investigation into Blue Mountains Council over asbestos is underway, with the United Services Union hoping it will ease the fears of their 12 members who are worried about potential exposure to the deadly fibre.
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Last week, council passed a resolution to engage Trevor Cork of McPhee Kelshaw solicitors to commission an independent investigator to investigate and report on the allegations.
Mayor Mark Greenhill said the independent investigator will “report to Trevor Cork, our lawyer, on behalf of the elected council”.
In a message to union members last Wednesday the USU said it was “given assurances the investigation will be independent and transparent”.
“Neither the solicitor guiding the investigation nor the investigator are employees of the council,” USU metropolitan manager Steve Donley said in the statement.
“The investigator is a well-regarded health and safety lawyer and the USU is pleased with his appointment. While the USU will continue to monitor this situation closely, we consider this to be a positive step in the process of getting to the bottom of who knew what and when.”
A second investigation will be conducted into allegations over staff appointments. (See story p4)
The mayor said Mr Cork will engage the investigator – “one to look into the asbestos and one to look into the so-called jobs for the boys”.
An urgent motion by Greens Councillor Kerry Brown for a multi-party panel of councillors to appoint and determine terms of reference for independent investigators was pre-empted when council approved a Mayoral Minute that delegated selection and oversight of the investigators to council’s lawyer.
Cr Brown said she was concerned “the documented evidence and findings may be protected by legal professional privilege”, meaning council could decide “what documents, if any, are to be sent to the regulatory bodies or made public”.
“It is my understanding that If either set of allegations lead to a prosecution, the documents from the investigation cannot be used against the council during the proceedings.”
A council spokeswoman told the Gazette the terms of reference of the investigations were confidential as they had been dealt with in confidential session at council.
She would not confirm whether the findings would be made public but said they would maintain “open communications” with the “relevant agencies during the process”.
With regard to the investigation into management of asbestos on council properties, the council has been working with SafeWork NSW on all active asbestos management matters and will continue to do so. The council will maintain open communication with the relevant agencies during the process.
“Initial contact has already been made with Office of Local Government.”
The lawyer would “report to, and advise, the council on the findings and recommendations made by the investigator at the conclusion of the investigation”.
Cr Brown said that statutory declarations lodged by employees directly with SafeWork NSW, the regulatory body responsible for Work Health and Safety, would not be protected by legal professional privilege.
Council has an Asbestos Management Plan that was developed in consultation with staff and management, which was recently approved by SafeWork NSW, after being instructed to do so.
Council has notified ICAC and the Office of Local Government of its recent actions.
For more information on Mesothelioma + Asbestos Awareness Center go to https://www.maacenter.org/asbestos/