In 2018, Marie Boland will be conducting an independent review of Australia’s Work Health and Safety laws to see if the laws are
“… achieving their original objectives, and if they have resulted in any unintended consequences.”
We may already be seeing one of the unintended consequences. On December 22, 2017, SafeWork NSW granted an exemption on audiometric testing requirements.
Several past SafetyAtWorkBlog articles have been posted in SoundCloud as audio files. One article is a reading of two articles from last year about Queensland’s industrial manslaughter laws.
The other reminds us that sexual harassment and sexual assault did not appear in relation to Harvey Weinstein accusations. The Australian Human Rights Commission report into sexual assault on university campuses provides an additional context to sexual harassment and workplace health and safety.
Both articles are also available below:
Industrial Manslaughter
Sexual Assault in Universities
A recent SafetyAtWorkBlog article promoted in LinkedIn has generated many responses, mostly from people who have not read the whole original article, about whether sexual harassment is or is not an occupational health and safety (OHS) matter. Below is a summary of some of those comments. Continue reading “Commenters split on who manages sexual harassment”
A crucial element in achieving the aims of the independent review into WorkSafe Victoria, as discussed in an earlier SafetyAtWorkBlog article, seems to be the operation of the Occupational Health and Safety Advisory Committee (OHSAC). It was difficult to obtain a list of the current members of OHSAC. Due to the appointments being considered “ministerial”, WorkSafe would not reveal memberships.
But it is worth considering whether this type of tripartite-dominated committee is the most suitable or effective way of consulting on occupational health and safety issues. Can it represent the gig economy and new work arrangements? Given the broadening of OHS into mental health and wellness, does the current membership still represent OHS? Where’s the Human Resources representative? Does OHSAC membership fit with the diversity we now expect from our company Boards? But, above all else, does the growth in social media make these often plodding, and sometimes secretive, processes ineffective or redundant?
A spokesperson for the Victorian Government has provided the following names of current OHSAC members as at December 2017. SafetyAtWorkBlog has added titles and links to online member profiles:
Prominent Australian actor, Craig McLachlan, has been accused of indecent assault by cast members of the Rocky Horror Show, according to the Australian Broadcasting Corporation (ABC) and Fairfax media (paywalled). One actress, Erika Heynatz, has identified this behaviour as a workplace safety issue:
“Heynatz went immediately to the head mechanic, whose job it was to ensure safety. She recalled that he was laughing “uncomfortably”. But she told him that McLachlan had to be spoken to, that this was a safety issue.”
Articles in both media outlets relate the anguish that actors felt after the alleged events and how this affected their work performance. Continue reading “McLachlan accusations place more focus on the OHS of sexual harassment”
One online news site in Australia has suggested that sexual harassment is an occupational health and safety (OHS) issue. At first blush, it should be. Sexual harassment can create mental ill-health and can certainly be harmful. But from the early days of discussions about workplace bullying and occupational violence in Australia, sexual harassment has been consciously excluded from OHS.
Is It or Isn’t It?
Some of the best discussion on bullying, harassment and violence was written by Dr Clare Mayhew for the Australian Institute of Criminology in 2000. These included a practical handbook on prevention. (It’s peculiar that some of the most perceptive works on OHS occur outside the OHS profession. Well perhaps not so surprising.) In the handbook, Mayhew points out that harassment has always been an element of workplace bullying but excludes sexual harassment from her discussion:
“The Australian Institution of Criminology believes that prevention, rather than post-incident reaction, is the key to improved outcomes. However, the handbook needs to be adapted specifically to each organisation for best results. The discussions exclude activity that could be described as sexual harassment, which is extensively dealt with elsewhere.” (page 1)
This position is reflective of the OHS literature yet, on reflection, this position may have been wrong for it contributed to a fractured approach to managing workplace psychosocial hazards.
In the middle of 2017 SafetyAtWorkBlog asked why the Victorian Government was slow in releasing the report of an independent review into its occupational health and safety (OHS) regulator, WorkSafe. Victorians have received a Christmas present with the release of the report of the Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria and the Government response.
In Principle
According to the Minister for Finance Robin Scott’s media release, dated 18 December 2017,
“The review was a Labor Government election commitment and made 22 recommendations – all of which the Government supports in principle.” (emphasis added)