A mouse that is trying to roar

Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.

On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:

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Speaking truth to power

Last week two young women, Grace Tame and Brittany Higgins, made speeches at the National Press Club about the sexual abuse of minors and an alleged sexual assault in Parl ment House, respectively, and the social changes required to prevent both risks. Both spoke about the need to prevent these abuses and assaults. OHS needs to understand and, in some ways, confront what is meant by preventing harm. The words of Tame and Higgins help with that need.

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Trade Unions, Cost, Exploitation and Responsibilisation

Trade unions have been the longest and strongest advocates on occupational health and safety (OHS) in Australia. Still, their political influence is falling slower than its declining membership due to structural legacies, of which the tripartite OHS consultation is one. The trade union strategy for OHS was to monetise it so that changes in OHS could be the catalyst for or on which it can piggyback industrial relations (IR) reform. A recent review of the work of Professor Michael Quinlan and a video from United States economist and author Robert Reich illustrates elements of this process.

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Achievements and opportunities

In November 2022, Victoria has its State Election. The current Government of the Australian Labor Party has a solid parliamentary presence and is tipped to win another term of government. Although the 2022 Platform is yet to be released, it is worth looking at the 2018 policy document for what was promised and has been achieved in occupational health and safety (OHS) since then and speculating on what is left to do or announce in 2022.

The opposition Liberal Party of Victoria does not release policy documents but does include a list of its “beliefs”.

Below is a list of what Labor “will” do from the OHS chapter of its 2018 platform document:

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Blaming others after a cock-up

Occupational health and safety (OHS) has a long relationship with Blame. Blame has a long association with Responsibility. In the Australian Financial Review on January 19, 2022, Andrew Hill of the Financial Times wrote about both in relation to Novak Djokovic’s actions that led to his deportation.

Djokovic said that one of his administrative team completed his travel declaration incorrectly.

“…. my agent sincerely apologises for the administrative mistake in ticking the incorrect box.”

Hill states that regardless of who completes paperwork on your behalf, you are responsible for the document as it is your document that you are submitting. You are responsible for the document and ensuring that the document is correct.

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Why is the world “enthusiastic” for regulations?

Unsurprising from a global business magazine, The Economist’s special report on January 15 2002 (paywalled*) bemoaned the new “enthusiasm for regulation”. It clearly includes occupational health and safety (OHS) laws and Australia in its consideration but stops short of asking why this new enthusiasm exists.

Many regulations, especially in OHS, are proposed and introduced to address a wrong or misbehaviour or a new hazard. A major catalyst for Lord Robens‘ OHS laws in the 1970s stemmed from industrial deaths, especially those of the public. The pattern of deaths as a catalyst for change continues today with the Industrial Manslaughter laws, for instance. Another catalyst is new cultural sensitivities; what was tolerated previously is no longer acceptable.

The workplace bullying changes late last century in Australia is a good example, but this also ties in with unacceptable levels of harm. Bullying was often part of the initiation to work and seemed acceptable until workers were severely injured and traumatised, and people found out about it.

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Bad work “habits” are part of the problem

The headline immediately caught my attention:

“Five bad habits to dump before resuming work”

Australian Financial Review, January 4, 2022

Such is the power of the click-bait headline.

This article is aimed at middle managers and those working from home. It is in the Australian financial/business newspaper so articles about individual empowerment and entrepreneurship rather than structural change are expected. The article above is a classic example of the Australian Financial Review’s approach to workplace health and safety matters: a newspaper with significant influence on business leaders and executives but one that rarely quotes or approaches occupational health and safety (OHS) experts.

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