Anonymous reporting in Victoria’s legal sector

Industry groups and employers should accept the reality of their occupational health and safety (OHS) duties, especially concerning sexual harassment. Recently the Victorian Legal Services Board (VLSB) launched an online complaints service for lawyers. According to the September 16, 2021, media release, the service:

“…enables both targets and witnesses of sexual harassment to report what happened, where, when and to whom. Reporters can provide as much or as little detail as they feel comfortable”

The attraction of this service is that one would expect such a service from a legal services board to be spot on with its legal and privacy, and human rights obligations. But then, that comes from a non-lawyer.

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SDG trumps ESG

Environmental Social Governance (ESG) initiatives are receiving a shellacking at the moment, with many of the same arguments raised against ESG’s related concept several years ago, Corporate Social Responsibility (CSR). Part of the reason these concepts are vulnerable to this criticism is that they originate from traditional managerial thinking. The local role of occupational health and safety (OHS) is all but ignored in the ESG discussion, and yet it could add some much-needed clout.

Governance consultancy, Diligent, has released a well-intentioned whitepaper that illustrates the point.

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Look at the verbs to identify leadership and commitment

On September 16 2021, the Prime Minister of Australia, Scott Morrison, said:

“The first major initiative of AUKUS will be to deliver a nuclear-powered submarine fleet for Australia. Over the next eighteen months we will work together to seek to determine the best way forward to achieve this…”

The second line of this quote includes a specific timeline but less specific commitments – a combination of words that reflects much of the corporate-speak that is often used with occupational health and safety (OHS) duties and other pledges and obligations.

Morrison gives a deadline against which progress will be measured. He commits to working with the United Kingdom and the United States to meet this deadline. But then, he says they will “seek to determine” – they are not sure what they are doing, but they will look for it. And “the best way forward” for whom? And to what ends? We hope it will be to building a fleet of nuclear-powered submarines, the current context.

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Avoiding COVID-19 distractions is essential

Recently Australian law firm Herbert Smith Freehills conducted a webinar on mandatory vaccinations. (2,000 attendees = hot topic) This workplace issue is moving quickly in each Australian jurisdiction and almost every day. There was some helpful advice in this seminar that was, thankfully, not reliant on case law and the avoidance of occupational health and safety (OHS) liability. Below is a discussion of some of the self-analysis and risk assessment that all employers should undertake to manage their workforce through COVID-19.

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Mandatory vaccinations without making vaccinations mandatory

In a little over a month, the Australian conversation about mandatory vaccinations at work has changed dramatically. In early August, food processing company SPC was treated suspiciously over its requirements for its workers, customers, and contractors to be vaccinated against COVID-19. Recently, the New South Wales Premier, Glady Berejiklian, required vaccinations for workers to move outside of certain residential locations. And today, the Victorian Health Minister, Martin Foley, has all but made vaccinations mandatory for the construction industry.

As Berejiklian has shown, you don’t need to impose mandatory vaccinations to make vaccinations mandatory.

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Image reuse resolved, sort of

It has taken several months to obtain some clarity from the Copyright Agency about WorkSafe’s reuse of an image of mine in one of their email broadcasts without my knowledge.

This week the Copyright Agency advised:

“The Government Statutory Licence, in particular that under s.183 of the Act, allows the Government (Commonwealth and State/Territory Governments) to use copyright for government purposes but they must come to terms with the rightsholder or (for government copies i.e. reproduction) the declared collecting society. It seems that the use of your image by WorkSafe Victoria in the manner you describe likely falls within the uses allowed under s.183.

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Steve Bell outlines the challenges for the OHS profession and Regulators

Almost every year, for a couple of decades, Herbert Smith Freehills (HSF) and the Australian Institute of Health and Safety (AIHS) have conducted a breakfast seminar to “launch” the year. That schedule has been cocked up by COVID-19, but the events continue.

The August 2021 breakfast featured several of the usual speakers but with the omission of the Minister for Workplace Safety or a senior representative of Worksafe Victoria. As a result, the event dragged a little. Most of the information was useful, but the event lacked the spark it often has. Perhaps this was the online format, perhaps the mix of speakers, perhaps the 90-minute length.

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