accountability – Page 36 – SafetyAtWorkBlog

“Moral Harassment” = Workplace Bullying. France Telecom lessons

The Fra nce Telecom suicide saga has reached a conclusion with a French Court sending several of company’s former executives to jail as a result of “collective moral harassment”. This will have very little impact on the management of occupational health and safety (OHS) in Australia because of the timing and inadequate translation and context.

“Moral Harassment” is a term that is absent from the Australian OHS lexicon. One equivalent term is “mobbing” but this is also an uncommon term in Australia. Australia’s equivalent is “workplace bullying” as mentioned in research by Katherine Lippel of the University of Ottawa in 2011 (pages 1-2).

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Negligence or Neglect

At the moment, there is a growing concern about accountability of political leaders, business executives and established institutions. In Australia’s occupational health and safety (OHS) community that has manifested in a movement to introduce Industrial Manslaughter (IM) laws aimed at negligent employers. These laws have caused some business sectors and leaders to, figuratively, shit themselves. But this fear exists largely when looking at business and OHS through a legal compliance perspective. Breaking down Negligence to a concept that many more people understand – Neglect – may help some better accept their accountability for safe and healthy workplaces.

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Focus on the hoops and not the holes

There is a confluence of investigations into mental health and suicides in Australia at the moment, and most of them overlap with occupational health and safety (OHS). Each of these increases the understanding of the relationship between work and mental health but no one seems to be connecting the threads into a cohesive case. This article doesn’t either, by itself, but hopefully the threads of the issues are identified through the themes of various SafetyAtWorkBlog articles.

Recently Tim Quilty of the Liberal Democratic Party addressed the issue of suicide in relation to his contribution to the debate on Industrial Manslaughter (IM) laws in the Victorian Parliament. His assertions seem a little naïve:

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Do workers have a real choice about their safety?

I apologise for spending so much time recently writing about Industrial Manslaughter (IM) laws, but the discussion of these laws is illustrating many of the interpretations of occupational health and safety (OHS) laws and management. For instance, the recent IM debate in Victoria has repeatedly mentioned the need to apply IM laws to the acts and decisions of employees, as if employees have an unfettered choice to put their safety before the wishes of their employer – a nonsensical myth.

On November 26 2019 in Victoria’s Parliament Rod Barton MP of the Transport Matters Party acknowledged that the IM laws may focus the employer’s attention on ensuring truck drivers do not work while fatigued (an obligation already required by the OHS Act). He then said:

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What is needed is a discussion of the “safe system of business”

By the time you read this, one of Australia’s States may have Industrial Manslaughter laws. One sad part of all of the IM argy-bargy is that it has focused on the penalty of going to jail rather than on the enhancement of occupational health and safety (OHS) which can prevent harm. Part of this seems to be because people are uncertain how to talk about OHS. For instance, some arguing against IM laws have started talking about making these laws fair. But fair to who?

Recently the Australian Industry Group released a media statement titled “Industrial manslaughter legislation must be fair“. Firstly, although the IM Bill is a piece of legislation, it is not an Act or Regulation in itself. It is an amendment to the existing OHS Act. But this Act and its Duties hardly gets discussed in the current debate, which is a bit curious but convenient.

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Paper provides historical context to OHS laws

Barry Naismith of OHSIntros has provided excellent independent analysis of Victoria’s occupational health and safety (OHS) data for many years. His latest “Deaths at Work” report (available publicly for a limited time) includes a detailed discussion on the social context of Victoria’s proposed Industrial Manslaughter (IM) laws.

But of more immediate interest is Naismith’s longitudinal analysis. One of his graphs showing death statistics back to the commencement of Victoria’s modern-era OHS laws in 1985 supports the statement popular with politicians that the rate of work-related deaths is declining over that time but Naismith points out that the five-year trend to 2018 is reversed and that this is part of the justification for the IM Laws.

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Industrial Manslaughter Laws are treading water

On November 13 2019 the Victorian Parliament heard detailed debate (page 93) about Industrial Manslaughter laws but without resolution. Many of the points raised were familiar and along political party lines but of particular interest was the insights provided into how that State’s political leaders perceive occupational health and safety (OHS).

Each of the speakers reiterated the importance of OHS and how all workers deserve to go home at the end of the shift – you know the cliches and the debate held plenty of them. There was also a fundamental misunderstanding by many speakers though.

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