Submission to the National Inquiry into Sexual Harassment in Australian Workplaces

Australian research into occupational health and safety (OHS) is a lot less than research into other areas of business and management, especially in relation to the psychological wellbeing of workers at all levels of the corporate structure.  As such, it has become common for experts, advocates and researchers from the social, non-work, public health areas to overlay general and broad research findings on to workplaces – they are, in effect, filling a vacuum.  But just because the OHS research into psychological harm is thin or immature does not mean that work does not have its own characteristics.

Over many years OHS has produced research and guidelines that include the psychological effect of sexual harassment, but it has been ineffectual or ignored for may reasons.  This submission is an attempt to illustrate the potential already in existence in Australia that could be used to prevent sexual harassment-related psychological harm.

This submission has drawn almost exclusively on Australian-based documentation and research to better satisfy the title and aim of this Inquiry.  This is not saying that actions and data from overseas are not relevant: there is some excellent information on the matter from the European Union[1], for instance. But quite often people seem to look overseas for evidence and solutions when Australia already has good research and advice, if one looks.

Summary of key points

  • Sexual harassment often results in psychological harm to workers, and employers and PCBUs already have a legislative obligation under OHS/WHS law to eliminate (prevent) risks to health and safety, including psychological risks.
  • By accepting that sexual harassment is a form of workplace violence, new prevention options may be available.
  • Australia has a range of general and specific guidance on the systematic prevention of the psychological harm generated by sexual harassment, produced by Federal and State or Territorial health and safety regulators.
  • Prevention of sexual harassment may be extremely disruptive to workplaces even though it remains the most effective control measure.
  • Any strategy to prevent sexual harassment must have a multidisciplinary and cross-agency approach.
  • Independent assessment of sexual harassment risks can be determined to internationally-recognised Standards
Login or subscribe to SafetyAtWorkBlog to continue reading.

Workplace sexual harassment inquiry releases submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has started to release some of its public submissions. The Inquiry has received a lot of submissions but this blog will continue its search for strategies to prevent sexual harassment and the related psychological harm, as indicated in the Inquiry’s terms of reference and reiterated repeatedly by the Sex Discrimination Commissioner, Kate Jenkins.

One submission by Anita McKay is very detailed and titled “Recent Developments in Sexual Harassment Law: Towards a New Model”.

Login or subscribe to SafetyAtWorkBlog to continue reading.

Is OHS a socialist plot?

As the dominance of neoliberalism weakens around the world, people are fearful of what comes next. In some sectors, that fear includes occupational health and safety (OHS). OHS is a business cost, in the same way as every other cost of running a business, but it is often seen as an interloper, a fun-sucker, a nuisance and/or an impediment to profitability. This misinterpretation needs to be contested.

Login or subscribe to SafetyAtWorkBlog to continue reading.

Minerals Council and Industrial Manslaughter laws

On 1 February 2019 the Minerals Council of Australia issued a media release about occupational health and safety (OHS) in the mining industry and, in particular, Industrial Manslaughter laws. SafetyAtWorkBlog approached the MCA’s CEO, Tania Constable, for clarification.

The release stated:

“The MCA cautions that the introduction of Victorian Government’s industrial manslaughter laws will give rise to unintended consequences which impair, rather than enhance, health and safety outcomes at Australian workplaces. These laws will not contribute to general or specific deterrence or improvements in health and safety outcomes. This must be the priority, not imposing oppressive and unnecessary criminal liability on selected individuals”

Login or subscribe to SafetyAtWorkBlog to continue reading.

In an industry where there are no employers, who is responsible for workplace health and safety?

The Victorian Government has been running an inquiry for a little while on the “on-demand workforce”, a term which seems to be a synonym for the gig economy. The government recently extended the deadline for public submissions. This is often a sign that inquiries are struggling for information which is almost an inevitable consequence if you schedule an inquiry over the Christmas/New Year break.

This inquiry has direct relevance to occupational health and safety (OHS) and vice versa.

Login or subscribe to SafetyAtWorkBlog to continue reading.

Mining policy platform released

The Minerals Council of Australia has released its 2019 policy platform called “The Next Frontier: Australian Mining Policy Priorities”. The mainstream media will focus on taxation and jobs data given that Australia will face an election in the first half of 2019 but there is a specific chapter on occupational health and safety (OHS).

Login or subscribe to SafetyAtWorkBlog to continue reading.

Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

The reckless endangerment provision of Victoria’s Occupational Health and Safety Act 2004 is likely to be crucial to this year’s discussions on Industrial Manslaughter laws and the management of workplace health and safety more generally, particularly as Victoria’s Minister for Workplace Safety, Jill Hennessy, has announced an implementation taskforce that includes a Workplace Fatalities and Serious Incidents Reference Group.

Section 32 says:

“A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—
(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or
both; and
(b) in the case of a body corporate, a fine not exceeding 20, 000 penalty units.”

Login or subscribe to SafetyAtWorkBlog to continue reading.