Category: business

Prevention is better than cure

The Hazelwood Mine Fire was a public health tragedy with an occupational context beyond the prosecution by WorkSafe Victoria. A clear example of the workplace risks was the fire-fighting efforts and the subsequent health impacts of David Briggs. According to a media release from the Maurice Blackburn law firm, Briggs had his successful WorkCover claim upheld by the Victorian Supreme Court last week.

Briggs has been mentioned several times in this blog’s coverage of the Hazelwood Mine Fire Inquiry and the writing of Tom Doig on the catastrophe. His case should cause some very uncomfortable questions.

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The economy is King

There has been discussion over many years about the business case for occupational health and safety (OHS). Several academics have attempted to quantify the financial benefits of good OHS management and systems. Business does not operate in a political or economic vacuum but it is possible to think it does when the OHS profession is so quiet on socioeconomic elements.

Australia and many other countries operate in a neoliberal economic and political system that provides OHS benefits and harms. The OHS context is touched on occasionally in public forums but the size of the challenge for structural and organisational change in Australia is perhaps best illustrated by an excerpt of Prime Minister Scott Morrison‘s presentation to the West Australian Chamber of Commerce and Industry on April 14, 2021. When asked about his priorities as Prime Minister he said:

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The hill that OHS needs to climb for respectability remains a mountain

The current Australian debate about sexual harassment at work illustrates the forces ranged against occupational health and safety (OHS) being seen as a legitimate approach to preventing psychological harm. Entrenched Industrial Relations perspectives appear to be the biggest barrier. Such barriers are not always intentional and have evolved over years and decades as cultures and ideologies do. Some of the recent media coverage on the release of the Federal Government’s response to the report of the 2020 National Inquiry into Sexual Harassment in Australian Workplaces illustrates the dominance of industrial relations thinking – part of the reason Sex Discrimination Commissioner Kate Jenkins has described elements of the government’s response as a missed opportunity.

The OHS profession must start to overtly tackle each of these dominant perspectives.

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A closer look at the positive duty to prevent sexual harassment

The big occupational health and safety (OHS) news in Australia has been the release of the federal government’s response to the Respect@Work report on sexual harassment in Australian workplaces. And the biggest issue in that response seems to be the government’s lack of enthusiasm for a major recommendation of Sex Discrimination Commissioner Kate Jenkins, the inclusion of a positive duty in the sexual discrimination legislation. Many lawyers have been asked for their opinions on the government’s response, but very few OHS professionals.

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A traditional farm safety campaign with tweaks

For the last few years, farm safety has been dominated by arguments over the safety of quad bikes. Squabbles continue in Australia, but that topic is largely over, and many are returning to a broader and more contemporary approach to health and safety in farming.

It looks like WorkSafe Victoria has begun to roll out its farm safety ambassadors with Catherine Velisha on the cover of a recent edition of Stock and Land newspaper and in a Youtube video. This is supported by a full article on page 3 with an additional article in a glossy supplement provided with WorkSafe’s support.

The article is a blend of promotion for Velisha’s farm management training company and media releases from WorkSafe Victoria. The occupational health and safety (OHS) statistics are new but not very different from previous statistics. Middle-aged men continue to be a feature of the fatality statistics, and 58 on-farm deaths happened in 2020, the same as the year before. Quad bikes have been a major factor in those deaths.

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Everyone wants to see consequences

In discussing the current changing power structures in Australian politics, journalist Annabel Crabbe wrote:

“The driving element of the new power is this: Actions that previously did not carry consequences are now carrying consequences. Behaviour that was once tacitly acceptable in the elaborate and bespoke workplace that is Parliament House is now — with the benefit of sunlight — recognised as unacceptable.”

On March 24 2021, lawyer Alena Titterton explained what underpins the calls for Industrial Manslaughter laws as:

“Everyone wants to see consequences.”

In many social policy and political areas, Australia is seeing a change in “the social will” to fill the current void in political will. This is a useful perspective through which to view recent Industrial Manslaughter campaigns.

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Wage theft and work health and safety

Many large and small Australian businesses have been exposed as underpaying staff.  This exploitation is gradually being addressed in law firms, according to a report this morning in the Australian Financial Review (paywalled). In the context of occupational health and safety (OHS) though, the description in the first paragraph of “crippling workloads” is an important mention of relevance.

Reporter Hannah Wootton and David Marin-Guzman do not focus on the OHS and mental health aspects of these workloads in this article as underpayment is the focus, but they touch on OHS matters later when mentioning the Hayne royal commission:

“The royal commission sparked reports, including to workplace safety regulators, of crippling work hours that put lawyers’ health at risk and resulted in many sleeping at work.”

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