Industrial Manslaughter presents an empty hook

New South Wales’ Opposition Minister for Industrial Relations, Adam Searle, spoke recently in support of the introduction of Industrial Manslaughter (IM) laws. In Parliament on May 5 2021, he said

“… legislation is required to enable the prosecution of industrial manslaughter and to fundamentally change the approach across industry in order to raise the standard and embed a culture of workplace safety of a much higher and more stringent nature. We need a culture that supports workplace safety in our State, not a culture, as I indicated before, that allows and encourages the cutting of corners and the fostering of unsafe workplaces…..

page 43, Hansard,

Legislation can achieve many things but not by itself, and that reality often makes such penalties like Industrial Manslaughter little more than symbolic.

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New workplace mental health info but no new strategy

On May 20, 2021, Australia’s Work Health and Safety (WHS) Ministers to discuss a range of occupational health and safety (OHS) matters. One matter will be the inclusion of a specific requirement on employers that, according to the Australian Council of Trade Unions (ACTU):

“…. would finally require employers to identify and address risks to mental health, in the same way, they are required to with risks to physical health.”

What the ACTU fails to make clear is why this regulatory change is required when the duty to provide a physically and psychologically safe and healthy workplace already exists in the current OHS/WHS laws in Australia.

The ACTU does, however, with the help of the Australia Institute and Centre for Future Work, provide more data on work-related mental health. The union movement is one of the few voices that acknowledge the structural elements of OHS but fails to consider any options other than regulation and, with a federal conservative government in power, it is unlikely to receive an attentive audience.

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OHS needs to get a seat at the ESG table

There has always been an overlap between environmental safety and occupational health and safety (OHS). This has happened not because of any particular similarity between the two disciplines but rather because of company executives’ duties, responsibilities, and accountabilities.

A recent report produced through the Centre for Policy Development (CPD) says this about climate change responses:

“Care needs to be taken to ensure that climate-related targets and analysis are rigorous, underpinned by appropriate governance, strategy and action, reflected in financial statements as required.”

Replace “climate” with “OHS”, and the overlap is clear. This is particularly important at this time when Australia is preparing its next national OHS strategy.

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“Hmm, do tell me more” – safety leadership

Recently the Australian Institute of Health and Safety (AIHS) conducted a lunchtime online seminar on leadership. The speakers were prominent Australian women – Naomi Kemp, Diane Smith-Gander, Kirstin Ferguson and Queensland Minister Grace Grace. Although the seminar was hosted as part of the Women in Safety and Health group, these events are open to everyone. As work-related sexual harassment has shown, men are as involved in the process of safety and harm prevention as are women.

One of the biggest weaknesses of any safety management system, safety culture or safety leadership, comes from hypocrisy. Leaders state the importance of occupational health and safety (OHS) to the business then make decisions where OHS and worker welfare is dismissed or minimised, or rationalised dubiously to “as far as is reasonably practicable”.

Smith-Gander spoke about how executives should embed OHS into all the Board and executive decisions beyond the obligatory and often poor quality “Safety Moments” at the start of a meeting.

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Non-military safety lessons from the latest Royal Commission (open access)

The Australian Broadcasting Corporation broadcast an episode of The Signal on April 21, 2021, which discussed the complexity of the culture of Australia’s military, and I strongly recommend you listen to it. It does make some points about culture worth contemplating in the context of one’s own workplace and profession.

The most useful point was that an established institution cannot have a uniform culture that meets the expectations of all relevant stakeholders. Generations take their culture with them. So those who started in the military in the 1980s and 1990s (and later) will bring the values and lessons of that time into their maturity and when they move into senior and leadership positions – positions that are intended to both preserve and progress the organisation’s culture. This will result in conflict between the expectations of new recruits and the realities of the established military executives. Not open revolt, but a dissatisfaction that may or may not result in leaving the organisation.

The topic used by The Signal to illustrate the extremes of the defence force members and stakeholders was mental health.

Continue reading “Non-military safety lessons from the latest Royal Commission (open access)”

The economy is King

There has been discussion over many years about the business case for occupational health and safety (OHS). Several academics have attempted to quantify the financial benefits of good OHS management and systems. Business does not operate in a political or economic vacuum but it is possible to think it does when the OHS profession is so quiet on socioeconomic elements.

Australia and many other countries operate in a neoliberal economic and political system that provides OHS benefits and harms. The OHS context is touched on occasionally in public forums but the size of the challenge for structural and organisational change in Australia is perhaps best illustrated by an excerpt of Prime Minister Scott Morrison‘s presentation to the West Australian Chamber of Commerce and Industry on April 14, 2021. When asked about his priorities as Prime Minister he said:

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The hill that OHS needs to climb for respectability remains a mountain

The current Australian debate about sexual harassment at work illustrates the forces ranged against occupational health and safety (OHS) being seen as a legitimate approach to preventing psychological harm. Entrenched Industrial Relations perspectives appear to be the biggest barrier. Such barriers are not always intentional and have evolved over years and decades as cultures and ideologies do. Some of the recent media coverage on the release of the Federal Government’s response to the report of the 2020 National Inquiry into Sexual Harassment in Australian Workplaces illustrates the dominance of industrial relations thinking – part of the reason Sex Discrimination Commissioner Kate Jenkins has described elements of the government’s response as a missed opportunity.

The OHS profession must start to overtly tackle each of these dominant perspectives.

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