“so we know we’ve had laws, but why haven’t we had change?”

Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry.  In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers  Australia and provided strong advice on how businesses can control sexual harassment.

Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.

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Farm newspaper supplement gets a good wrap

The Weekly Times newspaper has included an 8-page wraparound to its 7 February 2018 edition about workplace safety. The supplement is timely, the contents are indicative of cultural and political changes and the supplement is a nice summary of the multiple hazards and management approaches needed in agriculture (the same as in most industries, really).

Data quoted liberally from

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Who reads the Robens Report and who will write the next one?

“Every year something like 1,000 people are killed at their work in this country. Every year about half a million suffer injuries in varying degrees of severity. 23 million working days are lost annually on account of industrial injury and disease.”

The existence of this statement is of no surprise to occupational health and safety (OHS) professionals. Similar statements are made all the time.  The sad surprise of this quote is that it appeared in 1972 on page 1 of the Safety and Health at Work – Report of the Committee 1970-72, otherwise know as the Robens Report.

Perhaps it is time to begin contemplating what OHS fundamentals we should apply in the next generation of workplace safety health and wellbeing laws ?

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SIA receives $50K through Enforceable Undertaking

Enforceable Undertakings (EUs) are increasingly popping up in the prosecution lists of occupational health and safety (OHS) regulators.  A curious one appeared on WorkSafe Victoria’s website in January 2018.

Ardex Australia P/L was prosecuted for breaching OHS laws after a subcontractor was burnt:

“…when a dry powder mixing machine was operated whilst hot metal slag from welding activity was in the plant, causing an explosive dust-air mixture.”

But what is most curious is the EU’s inclusion of a $A50,000 donation to the Safety Institute of Australia (SIA).

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Is a new OHS consultative model required?

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:

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Sexual harassment may be an OHS issue but what priority should it receive?

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. 

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Review into WorkSafe Victoria released at Christmas

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)

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