Many employers remain unaware of positive duties to prevent sexual harassment at work

A new report on sexual harassment at work by Ourwatch has been reported on by the Australian Broadcasting Corporation (ABC). The report says:

“…. found 40 per cent of workplace leaders surveyed were unaware of their new legal obligations to prevent workplace sexual harassment.”

Given that the core legislative obligation to prevent sexual harassment is over 40 years old, perhaps better questions could have been asked.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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Useful but limited information on discrimination and harassment in Australia’s tech industry

A not-for-profit organisation, Grapevine, released a short annual report on workplace discrimination and harassment notifications. The report received some attention in Australian media as these workplace hazards continue to be topical. The issues blend into the occupational health and safety (OHS) discipline, but the discussions were marked for omitting the OHS and regulatory context.

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Improvement notice issued after psychological trauma notification

Psychological injuries that happen at work or are caused by work may need to be notified to occupational health and safety (OHS) regulators in some Australian jurisdictions. Recently, an organisation associated with prominent Australian businessman Andrew Forrest underwent the notification experience and received an improvement notice.

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Why does the Human Resources profession struggle with preventing psychological and psychosocial harm?

I am not immune to the worries and potential of using Artificial intelligence (AI) tools in my occupational health and safety (OHS) work and writings. As with millions of others, my relationship is a work in progress.

I have long used the transcription software Otter.ai to transcribe short interviews. It remains less accurate than human transcription, but it remains useful. One of its new AI tools is that it can analyse all of the conversations recorded through Otter.ai or uploaded to it for transcribing. I have years of recordings at OHS conferences, seminars, webinars, and interviews, so I asked this question:

“Why does the Human Resources profession struggle with preventing psychological and psychosocial harm?”

This was its response:

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More clarity on what is reasonably practicable

Reasonably practicable control measures are most often determined by the courts during a prosecution.  Every other determination of reasonably practicable in occupational health and safety (OHS) compliance is an educated guess by employers.  However, this does not always have to be the case, as a short excerpt from the Annual Report of New Zealand’s Ombudsman illustrates.

Pages 52 and 53 summarise a complaint made to the Chief Ombudsman questioning WorkSafeNZ’s handling of an investigation into a:

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If it cannot be done safely, it should not be done at all

“If it cannot be done safely, it should not be done at all.” I have heard this phrase repeatedly over the last 12 months in particular. It is a truth, but it also avoids all of the flexibility our occupational health and safety (OHS) laws, institutions and interpretations have allowed for decades. Perhaps our tolerance of this flexibility is fading.

I was reminded of the quote above when reading an article (paywalled) in The Times on October 17, 2024, written by Will Humphries titled “Army sexual harassment: ‘People wouldn’t join if they knew the truth’”.

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