40 false assessments issued in one day

An investigation into safety certification in the NSW building industry has revealed widespread abuse, with the Independent Commission Against Corruption recommending the Director of Public Prosecutions consider charging seven people for issuing false safety assessment and training notices.

One assessor, Armando Fassone, admitted to issuing up to 40 false assessment notices in a single day.

In its report released at the end of June, the ICAC found that thousands of competency certificates for operating heavy machinery had been issued by corrupt assessors who had failed to properly assess and test operators.

“The ICAC uncovered deliberate and widespread abuse of the system that assesses workers in the use of high-risk heavy machinery,” said ICAC commissioner Irene Moss. “Thousands of workers have been issued with certificates of competency when their actual competency to operate hazardous machinery was not adequately tested.

“Serious deficiencies were uncovered in the system that monitors the assessment process, and we have recommended WorkCover NSW make a number of changes to ensure that such fraudulent practices do not happen again.

National implications

“There were also clear indications these improper practices were more widespread than what was uncovered in our investigation. These findings also have wider implications, as the safety certification system in NSW is part of a national system of accreditation.”

The ICAC has made findings of corrupt conduct and recommended the DPP consider charges against six former assessors and a former trainer, all of whom had been accredited by WorkCover NSW. The majority of these charges involve the offences of conducting false assessments and issuing false assessment notices and facilitating a financial advantage by false or misleading statements.

Up until 2003 the six assessors had issued thousands of false notices of satisfactory assessment for the operation of heavy machinery including cranes, fork-lifts and excavators, charging an average of $100 per assessment.

Co-opted ex wife and daughter

In many cases notices were issued without applicants being practically tested and with the assessors providing answers to the written competency tests. One assessor, Alan Roy Fizelle, had his ex-wife and daughter complete the written tests “hundreds of times”.

The ICAC also found that occupational health and safety (OHS) induction certificates allowing workers entry onto construction sites had been issued without the training ever being done. Important training for the safe operation of cranes and heavy equipment near overhead power lines had also not been properly carried out for some operators.

The ICAC found evidence that former trainer Raymond William Anthony failed to provide proper training in relation to the operation of cranes near power lines to Michael John Boland, who died in a work accident on 26 February 2003, and to the worker operating the crane at the time. It has also been recommended the DPP consider charging Anthony for issuing false induction certificates and other offences.

Further information: www.icac.nsw.gov.au