Is red tape justified?

One of the interesting features of the Psychological Health regulations proposed by the Victorian Government last month is the requirement for employers to provide regular six-monthly reports on psychological incidents.

The Regulatory Impact Statement (RIS) states that:

“…the proposed regulatory amendments will require employers to keep written records of prevention plans for prescribed psychosocial hazards and impose reporting requirements on medium and large employers.”

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Will workplace psychological regulations work?

Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.

These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.

This is the first of a series of articles on psychological health and the proposed regulations over the next few days.

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If the research is clear, why aren’t employers reacting?

Excessive working hours are harmful. This uncomfortable truth was recently spoken by the Harvard Business Review. The changes to prevent this harm is obvious to most of us involved with health and safety but remains uncomfortable to everyone else.

In an article called “The Research is Clear: Long Hours Backfire for People and for Companies, Sarah Green Carmichael posits three reasons for overwork:

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Working Hours and Leadership

The workplace issues of excessive hours, unpaid overtime and the negative mental health and social disruption effects are becoming more commonly discussed but not, necessarily, fixed.  A persistent example of these workplace hazards is the sitting of Parliament.

Parliamentarians are not always good examples of leadership and nor are they good managers of their workplace responsibilities, as shown by the response to sexual harassment and alleged assaults in the Federal Parliament House. A less controversial example of their management is the flexible hours applied to the passing of, usually contentious, legislation.

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Speaking truth to power

Last week two young women, Grace Tame and Brittany Higgins, made speeches at the National Press Club about the sexual abuse of minors and an alleged sexual assault in Parl ment House, respectively, and the social changes required to prevent both risks. Both spoke about the need to prevent these abuses and assaults. OHS needs to understand and, in some ways, confront what is meant by preventing harm. The words of Tame and Higgins help with that need.

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Trade Unions, Cost, Exploitation and Responsibilisation

Trade unions have been the longest and strongest advocates on occupational health and safety (OHS) in Australia. Still, their political influence is falling slower than its declining membership due to structural legacies, of which the tripartite OHS consultation is one. The trade union strategy for OHS was to monetise it so that changes in OHS could be the catalyst for or on which it can piggyback industrial relations (IR) reform. A recent review of the work of Professor Michael Quinlan and a video from United States economist and author Robert Reich illustrates elements of this process.

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