“so we know we’ve had laws, but why haven’t we had change?”

Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry.  In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers  Australia and provided strong advice on how businesses can control sexual harassment.

Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.

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Victoria is ripe for Industrial Manslaughter laws

The Victorian trade union movement is preparing for the November 2018 State Election with one element of that campaign being the advocacy of Industrial Manslaughter laws.

At the end of January 2018, the unions “kicked off” their campaign with a meeting which reviewed the challenges and wins for injured workers in 2017 and outlined their intentions for 2018. The Industrial Manslaughter Action Kit included a petition which says: Continue reading “Victoria is ripe for Industrial Manslaughter laws”

When workplace behaviour becomes insidious

In previous writings about gender and occupational health and safety (OHS), the work of Jerald Greenberg was mentioned, particularly his book “Insidious Workplace Behaviour”.  His perspective seems even more pertinent today as many of us are weaving our way cautiously through communications and interactions with our work colleagues as we clarify what is acceptable behaviour so as to avoid offence or accusations of bullying and sexual harassment.

SafetyAtWorkBlog’s position is that sexual harassment is part of OHS and safety management systems due to the potential physical and psychological harm, in a similar way that bullying became an OHS concern.

Greenberg researches organisational behaviour and has written about corporate misdeeds and misbehaviour but he identified many precursors to some of these incidents.

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Commenters split on who manages sexual harassment

A recent SafetyAtWorkBlog article promoted in LinkedIn has generated many responses, mostly from people who have not read the whole original article, about whether sexual harassment is or is not an occupational health and safety (OHS) matter.  Below is a summary of some of those comments. Continue reading “Commenters split on who manages sexual harassment”

Is a new OHS consultative model required?

A crucial element in achieving the aims of the independent review into WorkSafe Victoria, as discussed in an earlier SafetyAtWorkBlog article, seems to be the operation of the Occupational Health and Safety Advisory Committee (OHSAC).  It was difficult to obtain a list of the current members of OHSAC. Due to the appointments being considered “ministerial”, WorkSafe would not reveal memberships.

But it is worth considering whether this type of tripartite-dominated committee is the most suitable or effective way of consulting on occupational health and safety issues.  Can it represent the gig economy and new work arrangements?  Given the broadening of OHS into mental health and wellness, does the current membership still represent OHS? Where’s the Human Resources representative? Does OHSAC membership fit with the diversity we now expect from our company Boards? But, above all else, does the growth in social media make these often plodding, and sometimes secretive, processes ineffective or redundant?

A spokesperson for the Victorian Government has provided the following names of current OHSAC members as at December 2017.  SafetyAtWorkBlog has added titles and links to online member profiles:

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McLachlan accusations place more focus on the OHS of sexual harassment

Prominent Australian actor, Craig McLachlan, has been accused of indecent assault by cast members of the Rocky Horror Show, according to the Australian Broadcasting Corporation (ABC) and Fairfax media (paywalled).  One actress, Erika Heynatz, has identified this behaviour as a workplace safety issue:

“Heynatz went immediately to the head mechanic, whose job it was to ensure safety. She recalled that he was laughing “uncomfortably”. But she told him that McLachlan had to be spoken to, that this was a safety issue.”

Articles in both media outlets relate the anguish that actors felt after the alleged events and how this affected their work performance. Continue reading “McLachlan accusations place more focus on the OHS of sexual harassment”

Victoria joins the push for licencing labour hire

Victoria is the latest Australian State to introduce laws into Parliament that establish a licencing scheme for labour hire operators. The Labour Hire Licensing Bill 2017 was read into Parliament on 14 December 2017 (Hansard, pages 55-61)

The Bill is compatible with the laws passed recently in Queensland and South Australia which apply a universal licencing scheme rather than a sectoral one as preferred by some organisations.  This should make the scheme easier to administer as it removes demarcation disputes and, as pointed out by the Minister for Roads and Road Safety, Luke Donnellan, removes loopholes of opportunity for avoiding obligations – a critical consideration in a sector that has shown such disregard for legal obligations. Continue reading “Victoria joins the push for licencing labour hire”

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