SPC shows leadership on mandatory vaccinations

The first week of August 2021 has been a big week for the discussion of mandatory vaccinations for Australian workers. A major Australian fruit cannery in regional Victoria, SPC, has stated that all of its workers, visitors to the site and contractors will need to be fully vaccinated by November 2021. This is being done to protect workers, the community and to maintain the food supply.

There are many lessons from SPC’s decision and the subsequent discussion has been largely predictable. What has been missing from almost all of the discussion is the occupational health and safety (OHS) perspective. This article and others will look at the issue and how the health and safety benefits have been presented in the mainstream media.

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Why would you NOT make COVID vaccinations mandatory?

Now that Australia is vaccinating its people at a reasonable rate from a very slow start, the issue of mandatory vaccinations for workers has reappeared. Several months ago the issue was more hypothetical but evidence has appeared from England, the United States and Israel about vaccination rates and the resumption of business and work. Australian businesses need to reach a clear position on vaccinations and the return of employees to workplaces, and this will require an assessment of the ethics applied by employers.

The occupational health and safety (OHS) position is remarkably clear but is not really being heard or promoted.

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OHS seen as not up to the task on sexual harassment

Then submissions to the Senate Committee inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill reveal some interesting perspectives on occupational health and safety (OHS) from Australian businesses and other organisations.

The Kingsford Legal Centre says this of the work health and safety approach to sexual harassment:

“WHS law is designed to manage work health and safety risks which are many and varied and are distinct from gendered violence and discrimination. Many cases of sexual harassment and sex discrimination are not an easy fit for the WHS framework. WHS legislation is state and territory based and relying on WHS legislation does not address the Commonwealth’s international human rights obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In also not naming the gendered nature of the issue, WHS law risks overlooking keys to prevention and culture change which are central to the Respect@Work Report.
While WHS processes may in some cases run parallel to complaints of discrimination or sexual harassment, there are fundamental ways in which WHS law differs in the management of claims. Most obviously there is not a clear process for people who have experienced discrimination and harassment to be allowed to speak through a conciliation process about the impact of such behaviour on them and seek specific forms of redress. We know from our research in this regard that this process is important in resolving complaints impacting on human rights and reflects a complainant-centred process. WHS law does not approach injuries in such a way.”

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Forces amass against the prevention of workplace sexual harassment

Most of Australia’s media has cooled its reporting on the sexual harassment law reforms championed by the Sex Discrimination Commissioner, Kate Jenkins. Partly this relates to revised laws being proposed in Parliament later this year and that are currently subject to a Senate Committee Inquiry. The media coverage on the proposed laws and the senate inquiry has been thin with only the Australian Financial Review (AFR) giving it any serious attention.

However, research reports on sexual harassment in Australian workplaces continue to appear and the transcripts of the Senate Committee’s public hearings are publicly available, as are the submissions made by, primarily, business and law organisations. What is missing is the involvement of the occupational health and safety profession.

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More OHS information on Midfield Meats

Recently The Monthly magazine took a close look at the labour practices of Midfield Meats (paywalled), a major Warrnambool company and meat exporter that had been, yet again, successfully prosecuted by WorkSafe Victoria. There are workplace safety elements to The Monthly’s story that were not as prominent as other issues and there were some questions for companies and governments that have supported Midfield in the past.

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“Careful” being replaced by “Mindful”

American television drama Hill Street Blues almost always included a pre-work briefing with the senior officer concluding with a “Let’s be careful out there”.  Whether the officers paid attention to this all the time is debatable, but it was an important statement that revolved around Care.

In occupational health and safety (OHS) briefings and political speech, Care is often replaced by alternative words, particularly “Mindful” – “Let’s be mindful out there”. Does this mean the same as Careful? Why replace the word Care? Are we embarrassed by Care? Does Care promise more than we can deliver?

OHS is based on a principle of the Duty of Care. One of the most useful discussions of this principle is the 2005 West Australian guidance on this. It says:

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COVID, Blame and Employers

Australia has not had a crisis in public health to the magnitude of COVID-19 for a very long time. It is understandable for people to look at a public health crisis through the reference point of their own experience and profession. There is an overlap between the management of the pandemic and occupational health and safety (OHS), but that overlap should not be inflated.

Jason Thompson wrote an excellent (and recommended) article on COVID-19 and blame for the University of Melbourne titled “Get Ready for a Shift in the COVID Blame Game”. I had the chance to put a few questions to him about the article.

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