Then current coronavirus pandemic has disrupted workplaces around the world with those most effected being low socioeconomic sectors, including those working on a casual basis or in precarious, gig occupations. Last week the Victorian Government received the final report from its Inquiry into the Victorian On-Demand Workforce. This report is likely to be crucial in assisting the government to develop a safe and healthy strategy for the post-pandemic world of work.
Victoria, perhaps, has the best chance of applying occupational health and safety (OHS) principles to the prevention of sexual harassment and the psychological harm that harassment can generate. In the wake of the sexual harassment allegations against former Justice Dyson Heydon, several reviews into the legal profession have been announced.
Sexual harassment at work remains on the national agenda with the Federal Government yet to respond to the Australian Human Rights Commission’s (AHRC) Respect@Work Report which has been sitting with the government since March 2020.
A major barrier to change is that Australia, as a whole, has never subjected its occupational health and safety (OHS) laws to a detailed analysis to determine whether the legislation and the supportive documentation works. To be clearer, Australia has never subjected its laws to a “safety clutter” analysis. No one seems to have tried to determine if the laws have any positive benefit on operational safety?
Recently the Finance Sector Union (FSU) released a small study on ethics and capitalism. The report illustrates how poor corporate ethics and greed created a disregard for the mental health of the finance industry’s workers as well as the financial and mental health of its customers.
The report – “Justice Tempered – How the finance sector’s captivity to capitalist ethics violates workers’ ethical integrity and silences their claims for justice” – was written by John Bottomley, Brendan Byrne and John Flett. Although it is based on detailed interviews with only eight finance sector workers, the authors use these conversations as a catalyst for broader discussions of ethics with extensive cross referencing of relevant, books, publications and, especially, the findings and report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Discussion on the sexual harassment allegations against former High Court judge Dyson Heydon continue even though some Australian States’ media have returned to COVID19 clusters and football. On July 6, 2020, five hundred women in the legal profession published an open letter calling for
“… wider reforms to address the high incidence of sexual harassment, assault and misconduct in the legal profession”
The signatories call for an independent complaints body for the Australian judiciary and changes to the appointment of judges. What is missing is Prevention.
So, Victoria now has Industrial Manslaughter laws. Now what? Within days of the activation of these laws a worker died at the Thales worksite in Bendigo. This location is covered by the Federal Work Health and Safety laws, but this has not stopped social media from mentioning Industrial Manslaughter. It seems now that every work-related death will be assessed through the IM lens. It may be that the threat of jail should always have been the starting point for occupational health and safety (OHS) penalties and investigations but initial responses to the IM laws have been mixed, and some seem to be more interested in what, in the past, has been a sideline to the IM discussion – deaths, in work vehicles, suicides and industrial illness.
Business management, including safety management, talks about “step changes”, new paradigms and a lot of jargon. Part of the use of this language is an attempt to manage progress and change in small comprehensible chunks. But it can also expose business owners to short-term fads, giving rise to frustration and cynicism about occupational health and safety (OHS).
One example of the step change mindset was on display several years ago in LinkedIn where the image above was posted, sadly, with no context. The before/after structure of this graphic is often used in the management of workplace health and safety.