Category: consultation

Will workplace psychological regulations work?

Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.

These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.

This is the first of a series of articles on psychological health and the proposed regulations over the next few days.

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Consultation is soooo radical

The occupational health and safety (OHS) sector has made much noise about workplace safety cultures. So, it is interesting to watch corporate debates on culture, especially with the increased attention to the psychological harm that some cultures create for workers. The Australian Financial Review’s (AFR) BOSS section included a short article about the the possible consequences of an autocratic leadership style, in this case, the conduct of Newcrest’s Sandeep Biswas.

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New Perspectives in OHS

Yesterday the Central Safety Group (CSG) invited me to talk at its monthly lunchtime seminar. The topic was New Perspectives on OHS. These perspectives are likely to be familiar to subscribers of this blog but were intended to be provocative and foster reflection and discussion. Below is a substantially edited version.

Thanks for inviting me to be the first speaker in CSG’s 60th anniversary year. The Central Safety Group has been an important part of my OHS journey since the very start in the early 1990s. It is a remarkable achievement for the Group and, as a Life Member, I am very proud of my association with it.

OHS can become very insular. It can become too focussed on issues within a single industry, a single worksite or a discipline. This insularity can lead to OHS reaching seemingly operational dead ends, such as “this is the way it is” or what is “reasonably practicable are”. We may seek continuous improvement, but our employers and clients often see “reasonably practicable” as the endpoint of activity. It can become their comfort point of compliance.

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Australia’s Prime Minister shows his ineffectiveness on OHS and COVID

Pragmatism was a theme of yesterday’s blog article. On January 19 2022, Prime Minister, Scott Morrison, showed political pragmatism in his press conference. His comments could create more discomfort between State and Federal jurisdiction and more occupational health and safety (OHS) confusion for business owners and employers.

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Why is the world “enthusiastic” for regulations?

Unsurprising from a global business magazine, The Economist’s special report on January 15 2002 (paywalled*) bemoaned the new “enthusiasm for regulation”. It clearly includes occupational health and safety (OHS) laws and Australia in its consideration but stops short of asking why this new enthusiasm exists.

Many regulations, especially in OHS, are proposed and introduced to address a wrong or misbehaviour or a new hazard. A major catalyst for Lord Robens‘ OHS laws in the 1970s stemmed from industrial deaths, especially those of the public. The pattern of deaths as a catalyst for change continues today with the Industrial Manslaughter laws, for instance. Another catalyst is new cultural sensitivities; what was tolerated previously is no longer acceptable.

The workplace bullying changes late last century in Australia is a good example, but this also ties in with unacceptable levels of harm. Bullying was often part of the initiation to work and seemed acceptable until workers were severely injured and traumatised, and people found out about it.

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Poor OHS consultation creates COVID disputes

One of the first Australian companies to mandate COVID-19 vaccinations, SPC, was back in the newspapers today concerning booster shots. SPC’s Chairman, Hussein Rifai, said he will not be making boosters compulsory:

“After rolling out a full vaccination policy in August, Rifai’s SPC workers have already beaten him to the third dose.
“We’re just not seeing a need for it,” Rifai says of mandating boosters. “Everybody is just going out and doing it.””

The Australian, Janury 5 2022

The primary objection to mandatory vaccinations was insufficient consultation with workers on what was fundamentally an occupational health and safety (OHS) matter.

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The Good, the Perfect and the Practicable

Managers often say that we shouldn’t let the Good suffer in the pursuit of the Perfect. And there’s a bit of a parallel there between occupational health and safety (OHS) principles and the legislative requirement to achieve safety only as far as is reasonably practicable. So the aim is the Perfect and the practicable is the Good. But one of the traps of this sort of thinking is that you can’t establish what is the Good without first understanding what is the Perfect.

Continue reading “The Good, the Perfect and the Practicable”
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