Nine AFL clubs cleared but WorkCover probe into Essendon, AFL continuesJon Pierik
The Age
February 24, 2015Nine Victorian AFL clubs have been cleared of alleged breaches of occupational health and safety but the Victorian WorkCover Authority's probe into Essendon and the AFL continues.
In June, the VWA, already investigating the Bombers over their peptides injecting program, received another complaint, calling for the remaining nine Victorian-based clubs to be investigated, with a focus on their sports science programs.
The complainant lodged paperwork with the VWA confirming Collingwood, Carlton, Geelong, Hawthorn, Melbourne, North Melbourne, Richmond, St Kilda and the Western Bulldogs as the clubs other than the Bombers that should be probed.
After an eight-month inquiry, the VWA revealed to Fairfax Media on Monday the investigation of the nine clubs, which had been represented by one law firm, was over.
"WorkSafe has completed an investigation into alleged health and safety breaches by nine Victorian-based AFL clubs and will take no further action," the VWA said in a statement.
"Separate investigations relating to the Essendon Football Club and the AFL are continuing, and it is inappropriate to comment further."
The nine clubs were informed of the decision on Monday.
The complainant had cited the VWA's section 131, which compelled the organisation to investigate.
To take action against the nine clubs, the VWA had needed to produce strong evidence of malpractice which could stand up in court.
The investigation was understood to have analysed the clubs' procedures from 2012, when the Bombers' controversial supplements program, then run by Stephen Dank, was underway, until last year.
The VWA's investigation into the Bombers "pharmacologically experimental" program is likely to be shaped by the findings of the AFL anti-doping tribunal, which is deliberating over whether 34 past and present players were injected with the banned drug, thymosin beta-4.
Investigators are also likely to use the 2013 report completed by the AFL, which led to successful charges against Essendon and its staff, including coach James Hird, for governance breaches and the club's damning internal report conducted by former Telstra chief, Ziggy Switkowski.
The AFL is being investigated as it is the ultimate employer of all players and club staff. The complainant has alleged the AFL failed in its duty of care, including "by way of exposure to sports science and medicine practices".
Breaches of the health and safety codes can result in heavy fines, including up to $265,000 for individuals.
The AFL moved to tighten protocols around supplements and peptides usage and injections after the Bombers' self-reported the potential use of performance-enhancing drugs in February 2013.
This included an audit of all clubs' medical programs. The audit found that 12 clubs had recorded medium or high levels of supplement use and lacked "a single point of accountability", while players from nine clubs had individually procured supplements.
The AFL also released its own prohibited treatments list last year. The list was in addition to the World Anti-Doping Agency code. The list includes peptides Hexarelin, AOD-9604 and CJC-1295.
An AFL spokesman said the list would not be added to this year.
http://www.theage.com.au/afl/afl-news/nine-afl-clubs-cleared-but-workcover-probe-into-essendon-afl-continues-20150223-13mict.html
