Category: consultation

Responses to the Boland Report into Australia’s Work Health and Safety Laws

The mainstream Australian media has almost entirely ignored the release of Marie Boland’s Final Report of the independent Review of Australia’s Work Health and Safety laws. but some of the usual players in the workplace relations sector have responded. Below is a longer responsive from the Australian Chamber of Commerce and Industry (ACCI) but first some simpler responses.

The trade union movement has almost entirely focused on the Industrial Manslaughter recommendations in the Boland Report. As well as a couple of media statements, the Australian Council of Trade Unions released a video on February 25 2019 with Assistant Secretary Liam O’Brien accompanied by the parents of two deceased workers. The first to speak were Tony and Robyn Hampton whose son, Jarrod, died while working for Paspaley Pearls. The second couple were Janice and Mark Murray whose son, Luke, died when parts of a crane that was being unpacked fell on him.

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Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

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Submission to the National Inquiry into Sexual Harassment in Australian Workplaces

Australian research into occupational health and safety (OHS) is a lot less than research into other areas of business and management, especially in relation to the psychological wellbeing of workers at all levels of the corporate structure.  As such, it has become common for experts, advocates and researchers from the social, non-work, public health areas to overlay general and broad research findings on to workplaces – they are, in effect, filling a vacuum.  But just because the OHS research into psychological harm is thin or immature does not mean that work does not have its own characteristics.

Over many years OHS has produced research and guidelines that include the psychological effect of sexual harassment, but it has been ineffectual or ignored for may reasons.  This submission is an attempt to illustrate the potential already in existence in Australia that could be used to prevent sexual harassment-related psychological harm.

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Workplace sexual harassment inquiry releases submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has started to release some of its public submissions. The Inquiry has received a lot of submissions but this blog will continue its search for strategies to prevent sexual harassment and the related psychological harm, as indicated in the Inquiry’s terms of reference and reiterated repeatedly by the Sex Discrimination Commissioner, Kate Jenkins.

One submission by Anita McKay is very detailed and titled “Recent Developments in Sexual Harassment Law: Towards a New Model”.

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Mental Health Issues Paper provides opportunity for OHS to pitch for legitimacy

Australia’s Productivity Commission (PC) has released its first Issues Paper to assist people in understanding the purposes of the Inquiry and to lodge a submission. The Report provides opportunities for the occupational health and safety (OHS) profession and advocates to explain the relevance of OHS principles in preventing psychological harm. It includes specific work-related questions for people to address in submissions.

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Royal Commission into Mental Health

The Victorian Government has instigated a Royal Commission into Mental Health. At the moment it is receiving submissions to assist it in developing the Terms of Reference. This is an odd process that delays the Commission’s start and is giving the impression that the Commission has already commenced.

However, it is important that occupational health and safety (OHS) advocates become deeply involved in this Royal Commission as psychological harm in the workplace, and caused by the workplace, is a hazard that employers are obliged to try to eliminate. If the workplace context of mental health is not overtly included in the Commission’s Terms of Reference, we will miss a major opportunity for the changes required to prevent psychological incidents and will likely remain with only the symptomatic relief offered by most workplace wellbeing strategies and products.

On the Submissions website, I prioritised “Prevention and Early Intervention” and the “Prevent of Suicide” as my top priorities and make these concise suggestions.

Are there any additional themes that should be included in the terms of reference for the Royal Commission into Mental Health?

It is vital that the issue of Prevention is included in the terms of reference as investment in and attention to prevention has been shown to be the best way to achieve the most return on investment.

The workplace health and safety context should also be mentioned as work can create psychological harm but can also have benefits by providing people with a purpose as well as an independent income.

I encourage all SafetyAtWorkBlog readers who are concerned about workplace psychosocial hazards to visit the submission web page so that the Commission understands the importance that occupational health and safety has in preventing harm.

Kevin Jones

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