business – Page 58 – SafetyAtWorkBlog

Look to the greed behind the corporate culture

Today the Governance Institute of Australia distributed a promotional email for its September national conference. These conferences often provide a useful perspective on broad occupational health and safety (OHS) issues. One gets to see how OHS is seen to fit (if at all!) in the established business and governance structures.

A key theme of this year’s conference is Culture which is a critical issue for most companies, even if they don’t realise it, and one with which the OHS profession is very familiar. However, the Institute, its members and conference delegates should be challenged to analyse Culture more deeply than what is indicated in the promotional email and article.

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Business should stop complaining about paying for mental health. It’ll boost the bottom line.

[Article reprinted, with permission, from the May 24 edition of Crikey newsletter]

Luke Slawomirski

During the 2020 lockdowns, the business lobby showed a surprising concern for Victorians’ mental health: lockdowns were bad because they’d cause a spike in mental illness and suicides far worse than the COVID-19 cases and deaths they’d prevent.

The suicide spike never happened. What did happen was much-needed additional funding for mental health — $3.8 billion over four years — announced in the 2021-22 state budget on Thursday.

But the way business reacted suggests its interest in mental health has waned.

You see, the measures aimed at better prevention, diagnosis and treatment of mental ill health will be funded by a levy: 0.5% for businesses with payrolls above $10 million and 1% for those above $100 million. Critics, including the federal treasurer, claim this will cruel “job creation and confidence“.

Latest Psych Health Code released

The big occupational health and safety (OHS) news in Australia has been the New South Wales release of its Code of Practice for Managing Psychological Hazards at Work. This Code is not mandatory but is a very good indication of what the OHS regulators (and perhaps eventually the Courts) believe are reasonably practicable measures for employers and business owners to take. These measures are discussed in detail below.

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Industrial Manslaughter or Category 1. Which prevents harm more effectively?

The Communique issued after the May 20, 2021 meeting of the Work Health and Safety (WHS) Ministers says that Australia is not likely to apply an Industrial Manslaughter law nationally:

“While the Northern Territory, Queensland, Western Australia, the Australian Capital Territory and Victoria provided their support for an industrial manslaughter offence, the recommendation did not receive the required majority.”

Some people think that this is no real failure as the Communique also includes “defacto ‘industrial manslaughter’ laws”. Here is the quote that supports that position:

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Psychological harm gets new regulations and funding access

The State of Victoria had a big week on mental health, with the Labor Government allocating billions of dollars to the improvement of the mental health of its citizens. Much of the justification for the spend (and the imposition of a mental health levy on large companies) is in response to the recent Royal Commission into Mental Health Systems. Workplace health and safety was on the agenda in that Royal Commission. Hence, it is worth looking at how, or if, this recent Budget helps employers improve the psychological health of their workers in anticipation of new regulations on this hazard promised by Victoria’s Minister for Workplace Safety, Ingrid Stitt.

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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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“reasonably practicable” reduces workers to a cash value

Legal interpretations dominate occupational health and safety (OHS). Understandably, if OHS is only determined by laws, but if the safety of workers is a moral imperative to you, the law is less significant. This latter perspective is rarely voiced, and one of the most important elements of OHS law is compliance “as far as is reasonably practicable” (ASFAIRP). ASFAIRP makes business sense but not necessarily safety sense, especially when one is dealing with the recent phenomenon of work-related mental health.

Some of the most powerful discussions on ASFAIRP and its place in providing safe and healthy workplaces occurred over a decade ago. However, the issue still resonates, and its perspective deserves continuous consideration.

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Category: business

Look to the greed behind the corporate culture

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Business should stop complaining about paying for mental health. It’ll boost the bottom line.

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Latest Psych Health Code released

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Industrial Manslaughter or Category 1. Which prevents harm more effectively?

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Psychological harm gets new regulations and funding access

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Industrial Manslaughter presents an empty hook

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“reasonably practicable” reduces workers to a cash value

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