Category: accountability

“as far as politically practicable”

Last week WorkSafe Victoria announced that it was prosecuting the Department of Health over breaches of its occupational health and safety (OHS) duties with the management of Victoria’s Hotel Quarantine program. There is very little information available beyond what is included in the WorkSafe media release until the filing hearing at the Magistrates’ Court on October 22 2021.

Most of the current commentary adds little and usually builds on the existing campaigns to charge (Labor) Premier Dan Andrews with Industrial Manslaughter. Still, it is worth looking at WorkSafe’s media release and the thoughts of some others.

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Angry workers demanding access? OHS has got this – sort of

The reopening of workplaces in some Australian States is causing alarm over potential violence and abuse from those who do not meet or choose not to meet the new COVID-19 access requirements. This is perhaps most succinctly put in a recent article in The Guardian (paywalled) asking “… who will enforce rules for unvaccinated customers” – a question with which many employers are struggling.

The article discussed the expectations of employers about the rules or public health orders that they are expected to enforce but also about who can they call on if there is trouble, given there are mixed messages from the New South Wales government, in particular. (If “unprecedented” was the most used word in 2020, “mixed messages” may be the 2021 equivalent)

The enforcement question is being faced by all workplaces in all States that need to reopen under COVID-19 restrictions.

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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 beats 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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