Tooma on Mental Health – Review

Michael Tooma is probably the most prominent occupational health and safety (OHS) lawyer in Australia. His latest book is, a little pretentiously, called “Michael Tooma on Mental Health“, but it fits with the series of OHS-related publications he has written for Wolters Kluwer. Unusually for a lawyer, there are only two chapters that specifically discuss legislative obligations, and, in many ways, these are the least interesting.


Positive Mental Health

In the Introduction, Tooma goes out of his way to stress the positive benefits of work. He is critical of the current OHS approach to workplace stress writing that we seek a “Goldilocks” application of perfection when this is really subjectively determined by each worker. Tooma challenges this in a major way through the 2012 study by Keller and others:

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If staff are “going to hit the wall”, redesign the wall

On May 11 2020, the Australian Financial Review’s back page ran an article (paywalled)about how “corporates” are becoming aware of mental health risks due to the COVID19 disruption. It is a good article but also one that reveals the dominant misunderstanding about mental health at work and how to prevent it.

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Is it OK to lie to your employer while working from home?

[Guest Post] By Simon Longstaff (reproduced with permission from Crikey)

Each week, The Ethics Centre’s executive director Dr Simon Longstaff will be answering your ethics questions [in Crikey]. This week:

“ My employer sent me a questionnaire designed to test if my home working environment meets basic standards. If I’d answered truthfully I would have ‘failed’ the test. But what’s the point in telling the truth when I have to work at home in any case? Was it wrong to lie on the form?”

Although this ethical issue seems to fall on you — as the person receiving the survey — it actually starts with your employer’s decision to request this information in the first place.

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OHS, organisational culture, sex abuse and the Catholic Church

The discussion of “organisational culture” has tried to remain apolitical or amoral, but it always relies of case studies to illustrate the academic and ephemeral. Largely these studies involve major disasters, but few people work in heavy industry, chemical plants, or offshore oil rigs. Better examples could be sought by looking at other industries, such as the Catholic Church. (I really hope someone is examining this relationship in a PhD)

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New gendered-violence guide is good on the What but thin on the How

Australia’s trade union movement has been at the forefront of many of the occupational health and safety (OHS) changes, especially workplace stress and bullying. Other than Industrial Manslaughter laws, its most recent campaign targeted to a workplace hazard has revolved around work-related gendered violence. Last week WorkSafe Victoria released a guide to employers on “work-related gendered violence including sexual harassment”. The advice in this guide is good but does not go far enough and is less helpful than it could have been.

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Sexual harassment changes are percolating slowly

Discussion on the report into sexual harassment in Australian workplaces went missing last weekend which included International Women’s Day. March 8 generalised much of the discussion on the need for new approaches to feminism, wages and gender equity. This is not to say that organisations had forgotten about the National Inquiry’s Final Report or the occupational health and safety (OHS) context, but few were as blunt about the issue as broadcaster Virginia Trioli and workplace lawyer Liberty Sanger on ABC radio this week.

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Dreamworld presents a story bigger than just an OHS failure

Late yesterday the Queensland Minister for Industrial Relations, Grace Grace, issued a media statement that clarified the work health and safety (WHS) prosecution process that is likely to apply to Ardent Leisure, the owner of Dreamworld. Significantly she clarified the Coroner’s Findings and the misinformation of some media outlets. Ardent Leisure has issued a statement in support of safety improvements.

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