consultation – Page 8 – SafetyAtWorkBlog

Poor OHS consultation creates COVID disputes

One of the first Australian companies to mandate COVID-19 vaccinations, SPC, was back in the newspapers today concerning booster shots. SPC’s Chairman, Hussein Rifai, said he will not be making boosters compulsory:

“After rolling out a full vaccination policy in August, Rifai’s SPC workers have already beaten him to the third dose.
“We’re just not seeing a need for it,” Rifai says of mandating boosters. “Everybody is just going out and doing it.””
The Australian, Janury 5 2022

The primary objection to mandatory vaccinations was insufficient consultation with workers on what was fundamentally an occupational health and safety (OHS) matter.

The Good, the Perfect and the Practicable

Managers often say that we shouldn’t let the Good suffer in the pursuit of the Perfect. And there’s a bit of a parallel there between occupational health and safety (OHS) principles and the legislative requirement to achieve safety only as far as is reasonably practicable. So the aim is the Perfect and the practicable is the Good. But one of the traps of this sort of thinking is that you can’t establish what is the Good without first understanding what is the Perfect.

No psych regulation in Victoria until mid-2022

The Victorian Government has pledged to introduce regulations to address psychological risks in workplaces. According to a second consultation paper on psychological health regulations, seen by SafetyAtWorkBlog, the consultation process continues but has been extended, so the new regulations are unlikely before the middle of 2020. This extension would seem a little unnecessary given the work on this hazard already from Safe Work Australia and SafeWorkNSW.

Angry workers demanding access? OHS has got this – sort of

The reopening of workplaces in some Australian States is causing alarm over potential violence and abuse from those who do not meet or choose not to meet the new COVID-19 access requirements. This is perhaps most succinctly put in a recent article in The Guardian (paywalled) asking “… who will enforce rules for unvaccinated customers” – a question with which many employers are struggling.

The article discussed the expectations of employers about the rules or public health orders that they are expected to enforce but also about who can they call on if there is trouble, given there are mixed messages from the New South Wales government, in particular. (If “unprecedented” was the most used word in 2020, “mixed messages” may be the 2021 equivalent)

The enforcement question is being faced by all workplaces in all States that need to reopen under COVID-19 restrictions.

Job insecurity and OHS solutions

As well as featuring in a workplace psychology podcast Professor Tony LaMontagne spoke at the current Senate Select Committee on Job Security in Australia and made a submission that provides evidence of the connection between job insecurity and poor mental health. This strengthens the argument that the prevention of mental health at work (and maybe elsewhere) could be more sustainably achieved by structural and economic policies and practices outside of the direct control of employers.

LaMontagne’s submission (written with Dr Tania King and Ms Yamna Taouk) says:

Guidance can help but change needs a challenge

The Australian Chamber of Commerce and Industry (ACCI) has released a guide for employers on managing sexual harassment in workplaces. It contains a lot of helpful information, but it also illustrates the self-imposed limits that business has on preventing workplace psychological hazards. To a lesser extent, it is downplaying the preventative role of occupational health and safety (OHS).

Avoiding COVID-19 distractions is essential

Recently Australian law firm Herbert Smith Freehills conducted a webinar on mandatory vaccinations. (2,000 attendees = hot topic) This workplace issue is moving quickly in each Australian jurisdiction and almost every day. There was some helpful advice in this seminar that was, thankfully, not reliant on case law and the avoidance of occupational health and safety (OHS) liability. Below is a discussion of some of the self-analysis and risk assessment that all employers should undertake to manage their workforce through COVID-19.

Category: consultation

Poor OHS consultation creates COVID disputes

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The Good, the Perfect and the Practicable

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No psych regulation in Victoria until mid-2022

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Angry workers demanding access? OHS has got this – sort of

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Job insecurity and OHS solutions

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Guidance can help but change needs a challenge

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Avoiding COVID-19 distractions is essential

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