A WorkSafe ACT investigation into how one of their own inspectors was exposed to large plumes of asbestos-contaminated dust during a botched Mr Fluffy demolition was mired by procedural errors, the ACT's auditor-general has found.
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An external agency is now investigating how three people, including a WorkSafe ACT inspector, were covered in the dust during the private demolition of a Mr Fluffy home in Darke Street, Torrens almost 18 months ago.
But in a damning report, Auditor-General Maxine Cooper said the impartiality of investigations had been compromised by the inspector's links to the investigators.
Furthermore she said no follow-up action had been triggered, despite five subsequent reviews into the incident.
It is understood a excavator bucket smashed through the roof of 9 Darke Street, Torrens during a WorkSafe inspection on August 20 2015, covering two workers and the inspector in asbestos-contaminated dust.
They immediately decontaminated themselves and sealed their clothes in bags however tests confirmed the presence of asbestos fibres on the clothes and equipment of the inspector.
The first neighbours knew of their potential exposure was when they were contacted by Fairfax Media.
The audit found there was no evidence of a notifiable instance report from a site manager or business operator in WorkSafe ACT's system either.
It found there was a "vagueness" to the investigations because no terms of reference were set out and there was a risk its independence could be questioned, given one of the people exposed was their own.
Furthermore there was no evidence WorkSafe management had responded to an initial review, the audit office said.
Impartiality was a concern shared by WorkSafe ACT officers in the aftermath of the demolition.
Records showed officers engaged in the first investigations from August to November 2015 raised concerns about their independence and the need to be impartial.
The first review was completed 48 hours after the incident, which the audit office slammed as "limited in its coverage".
The audit office said a second, "independent" investigation opened on August 25 conducted by Procurement and Capital Works could be challenged as the inspector was employed within the same business unit as the investigators.
Two weeks after the incident, one WorkSafe ACT officer even wrote to another to say: "I am not comfortable receiving emails […] on this matter for the simple reason it could be viewed as attempting to influence an investigation."
A later investigation in June 2016 was conducted by a new inspector with no knowledge of the incident which the audit office said was a more "effective response" to maintain impartiality in the investigation.
The auditor-general recommended WorkSafe ACT management develop procedures for notifiable incidents and encourage ACT government employees to report anything they deemed troublesome.
However WorkSafe ACT commissioner Greg Jones was vague when asked if the agency had adjusted its practices, citing an ongoing investigation by what he described as an external agency.
"We're always after continual improvements and are learning from our how investigations are conducted," Mr Jones said.
Mr Jones would not detail what external agency had taken over the investigation.
He said support had been given to the inspector in the aftermath of the exposure.
Dr Cooper pointed to to poor record-keeping and inconsistencies in how Worksafe ACT was monitoring the mass demolition of asbestos-contaminated houses.
People seeking information from the Asbestos Response Taskforce can use these contacts:
Phone: 13 22 81
Email: asbestostaskforce@act.gov.au
Twitter: @TaskforceACT
People who are anxious or concerned can access support through their GP, ACT Medicare Local on 6287 8066, Lifeline (13 11 14) and Beyond Blue (1300 224 636).
