COVID19 and OHS gets political

Workplace health and safety risks related to COVID19 emerge in Australia and the United Kingdom.

Trade Union Suggestions

On May 5 2020, the Australian Council of Trade Unions released a statement on occupational health and safety (OHS) calling for certain Industrial Relations and OHS changes, including:

  • Paid pandemic leave
  • New regulations on safety and health standards, and
  • Compulsory notifications to Health Departments and OHS Regulators.

SafetyAtWorkBlog has been led to believe that the paid pandemic leave is intended to apply from the time a worker is tested for COVID19 through their isolation while waiting for the test results and the operation of sick leave should the test results be positive.

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What is needed to get us out of this crisis

As parts of the world begin to emerge from the disruption and lockdowns of COVID19 some academics and experts are advising that the future must be built on the past but should not seek to replicate it. Over a dozen prominent, global academics (listed below) have written a discussion paper to be published in the Economic & Labour Relations Review (ELRR) in June 2020 entitled “The COVID-19 pandemic: lessons on building more equal and sustainable societies” which includes discussion on workplace relations and factors affecting mental health at work. These big picture discussions are essential in the development of strategies and policies for the post-COVD19 world and occupational health and safety (OHS) has a legitimate, and some would say unique, voice.


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Workers and COVID19 survey

Last week the Australian Council of Trade Unions (ACTU) released some research into workers and COVID19. It is not peer-reviewed and there will certainly be much more research into the disruption and personal and occupational responses to the coronavirus disruption over the next few months. The survey results do not specifically analyse occupational health and safety (OHS) issues but there are clues to future considerations.

The media release, understandably, discusses the changed employment status or arrangements. The OHS hazards associated with precarious work are well-established and the survey illustrates the extent of precarity in Australian workplace, so mental health issues are going to come to the fore as government-imposed isolation continues and/or businesses reopen.

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Deaths of Health Care workers from COVID19

A doctor in a protective suit taking a nasal swab from a person to test for possible coronavirus infection

The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage over this situation has been in the United Kingdom, but a similar situation could easily have occurred in Australia, New Zealand and elsewhere if those governments had not acted as quickly as they did or were less better prepared.

Some research has already commenced on healthcare worker infection deaths showing important initial clues on how governments, hospitals and medical employers can do better.

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Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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COVID19 disruption may be unprecedented but was it foreseeable? You bet

Almost twenty years ago, there was a surge in discussion and analysis about disaster preparedness, mainly, due to the terrorist attacks of September 11 2001 and the aftermath, especially the use of biological weapons. The risks of viruses was considered around that time but there was so much fear and multiple threats, real and perceived, that the preparedness for social harm and disruption due to naturally-occurring viruses was largely overlooked or neglected. However, in this time of COVID19 it is useful to remember that viral pandemics and preparedness were being discussed. Whether the discussions became actions, or should have, is a different discussion.

Professor Lee Clarke’s book “Worst Cases – Terror and Catastrophe in the Popular Imagination” provides a useful and pre-COVID19 lesson.

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