Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.

There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:

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Does OHS research have a Left and a Right?

Occupational health and safety (OHS) has had an uneasy ride in political debates in Australia, often because there is a disturbing morality in laws that dictate an employer has responsibility for the safety and health of their workers, even if legal wriggle room is allowed. There is no written history of OHS in Australia except within the confines of Industrial Relations, if it gets mentioned at all.

Recently I engaged in a conversation with a professional colleague on LinkedIn (I know, didn’t your Mother always say not to engage with people on social media? Well, this is a blog so….). That colleague made some odd political statements.

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.

In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.

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Two steps forward and one back

Employers are less criticised about their workplace health and safety performance than the government, even though it is employers who have the primary duty of care for their workers’ occupational health and safety (OHS). The Federal (conservative) government and Prime Minister remind us regularly that the responsibility for OHS sits in the State and Territory jurisdictions. No one seems to accept their own responsibilities for OHS, so it is little surprise that worker health and safety has no effective national coordination.

Recently the Australian Council of Trade Unions (ACTU) released an OHS report entitled “Morrison Missing in Action on Work Health and Safety“. It is also looking in the wrong direction. Of course, the Prime Minister is missing in action – employers have the primary duty of care, which local jurisdictions enforce.

Although this document has good OHS information, references and statistics, it is primarily part of the current federal election campaign, reporting information that the politicians mostly already know.

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Burnout causes are organisational. Who knew?

This blog has written frequently about “burnout” in workplaces, especially since the condition was defined by the World Health Organisation in 2019. I have seen it used many times as a shortcut, or synonym, for workplace mental health but usually only at the corporate, executive level. Workers have breakdowns, but executives seem to suffer burnout.

Recently a book was published in the United States called “The Burnout Epidemic, or The Risk of Chronic Stress and How We Can Fix It”, by journalist Jennifer Moss. What is most outstanding about this book is that the recommended fix is organisational. Usually, burnout books from the States focus on the individual worker or executive. This fresh US perspective makes the book essential reading for if the US recognises how to fix burnout and chronic stress, any country can.

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HR inching its way to an OHS epiphany

A new Human Resources (HR) article shows some promise in addressing the institutional factors that lead to poor mental health in workers.

The website for Human Resources Director asks, “Should HR be concerned about employee economic insecurity?” I would ask, “how can it not be?” given that Australian research over the last twenty years and international research since early last century has identified that job insecurity is one of several major factors in poor mental health for workers and other occupational health and safety (OHS) outcomes. HR should also be anticipating a renewed duty of care from the upcoming national OHS regulations on psychologically healthy workplaces.

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