“safety theft” in the gig economy

An opinion piece by Dr Elliot Fishman, of the Institute for Sensible Transport published in the HeraldSun newspaper on January 3, 2021 mentions Industrial Manslaughter in relation to food delivery drivers. (The article appears to be unavailable online) The link is tenuous and seems outside of Dr Fishman’s main area of expertise, but that seems to be the nature of Industrial Manslaughter penalties, they pop up in all sorts of discussions, many unrelated to the point being made.

The point Dr Fishman seems to be making is that the delivery of food on two-wheeled vehicles is dangerous, as shown by recent deaths of several riders in Victoria and New South Wales, and he poses several questions and suggestions to improve the situation:

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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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Gig work changes that could save lives

The New South Wales government is conducting an inquiry into the gig economy, modern versions of precarious work. There has been five deaths of food delivery workers over the last few months and this has increased media attention on the Inquiry and the issues raised.

On November 28 2020, Joellen Riley Munton, Professor of Law at the University of Technology, Sydney spoke on the Australian Broadcasting Corporations’ AM Program. Out of all the recent media discussions on gig work, Munton’s seemed the most targeted on occupational health and safety (OHS).

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Hospitality survey shows the size of the hurdle to reform

This photo was taken in the Victorian Night Market during winter

Hospo Voice, a trade union for Australian hospitality workers has released a report on a survey of more than 4000 workers between March and June 2020. #RebuildHospo: A Post-Covid Roadmap For Secure Jobs In Hospitality has all the limitations of other surveys done by members of an organisation rather than independent research but this report offers a framework for safe and decent work that reflects many of the occupational Health and safety (OHS) that SafetyAtWorkBlog has reported on.

The union claims that hospitality workers endorse four important work elements:

  • Secure jobs,
  • End to wage theft,
  • Safe and respectful workplaces, and
  • Justice for migrant workers

OHS has a thin presence in this report, mainly discussed in that third bulletpoint but an integrated analysis would show that OHS is involved with more of the elements.

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Precarious Work, Pandemics and Australia’s Future – Let’s Not Forget the Link

This is a guest post by Michael Quinlan & Dr Elsa Underhill (links added).

In mid- August 2020 Victorian Premier Daniel Andrews labelled insecure work as toxic and argued a fundamental policy reset was required into the future.  He stated:

Insecure work is toxic. There is nothing good about insecure work, and when this is done, when this virus has been beaten, we will need to commit ourselves to do something really significant about it. It is no good for anything, for families, for a sense of security [and] for public health, for any purpose. We have a lot of people who work very hard but have no safety net to fall back on and that is just not something we should settle for .

(Guardian 16 August 2020)

The observation generated little publicity and was soon forgotten as the Victorian COVID outbreak caused deepening concern across the nation. But the first major Australian political leader to call precarious work for what it demonstrably was should start a long overdue public debate.

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OHS prosecution request over COVID19 sent to WorkSafe

The Australian newspaper is notoriously supportive of the conservative side of Australian politics, so it is little surprise that one of its business journalists, Robert Gottliebsen, is maintaining his advocacy for Industrial Manslaughter and occupational health and safety (OHS) prosecutions over COVID19-related infections, echoing many of the desires of Ken Phillips, the head of Self-Employed Australian and Independent Contractors Australia.

Phillips wrote to WorkSafe Victoria on September 9, 2020 demanding a prosecution by WorkSafe Victoria of a swathe of Victorian government Ministers, public servants, police, as well as

“All members of the management team known as the State Control Centre………….”!

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“Soldier On” should be “F### Off”

Many workers continue to work when sick. This is called presenteeism and in a time of infection pandemic, is a major problem. Many countries have addressed the COVID19 risks of presenteeism by requiring people to work from home if they can. In Australia, the message is not totally working with people ignoring the rules for various reasons.

However, presenteeism also has a deeper cultural and institutional origin that has been exploited by some and downplayed or ignored by others.

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