Forces amass against the prevention of workplace sexual harassment

Most of Australia’s media has cooled its reporting on the sexual harassment law reforms championed by the Sex Discrimination Commissioner, Kate Jenkins. Partly this relates to revised laws being proposed in Parliament later this year and that are currently subject to a Senate Committee Inquiry. The media coverage on the proposed laws and the senate inquiry has been thin with only the Australian Financial Review (AFR) giving it any serious attention.

However, research reports on sexual harassment in Australian workplaces continue to appear and the transcripts of the Senate Committee’s public hearings are publicly available, as are the submissions made by, primarily, business and law organisations. What is missing is the involvement of the occupational health and safety profession.

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Cause is not the same as Correlation

Politicians and executives love to claim a cause when there is only a correlation. This was displayed recently in Australian Senate Hearings on the issue of occupational health and safety (OHS) and Industrial Manslaughter (IM).

Wiktionary defines Cause as:

The source of, or reason for, an event or action; that which produces or effects a result.

And Correlation as

A reciprocal, parallel or complementary relationship between two or more comparable objects.

The conflation of these two very different relations has been a serious drag on OHS progress in practice and policy.

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Australians become impatient for change on sexual harassment

Victoria, perhaps, has the best chance of applying occupational health and safety (OHS) principles to the prevention of sexual harassment and the psychological harm that harassment can generate. In the wake of the sexual harassment allegations against former Justice Dyson Heydon, several reviews into the legal profession have been announced.

Sexual harassment at work remains on the national agenda with the Federal Government yet to respond to the Australian Human Rights Commission’s (AHRC) Respect@Work Report which has been sitting with the government since March 2020.

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Final Sexual Harassment Inquiry report

“The Sex Discrimination Commissioner has come out with something that is clear, which is that sexual harassment is a workplace right, is a health and safety right, is a human right.” [??!!]

What would be more accurate and reflective of Michele O’Neil’s position is that workers have a human, health and safety, and workplace right to a workplace that is without the risk of sexual harassment.  The ACTU President gets the message right in the official media release.

O’Neill urges the Morrison Government to take the final report into sexual harassment in Australian workplaces and its recommendations seriously and it should, but the signs are not good.  The mainstream media coverage of the Workplace Sexual Harassment Inquiry’s report has been thin. 

Continue reading “Final Sexual Harassment Inquiry report”

OHS approach to sexual harassment gets an airing

Tracey Spicer talking with Tom Ballard in December 2017

Tracey Spicer has been a very public face of the campaign against sexual harassment in Australian workplaces. She, and her campaign, has not been without controversy but recently Spicer presented a three-part documentary on the issue. In Episode 2, the viewers heard, all too briefly, from Dr Rebecca Michalak about the occupational health and safety (OHS) context of sexual harassment.

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Addressing the invisible causes of visible harm

The trade union movement was instrumental in showing that workplace bullying was a pervasive problem in Australian workplaces.  Many Codes of Practice and guidances for workplace bullying and occupational violence were written shortly after the action by the Australian Council of Trade Unions almost two decades ago.  But, for some reason, although sexual harassment was mentioned in those early documents, it never received the attention in occupational health and safety (OHS) circles that, in hindsight, it should have.

Perhaps a more sustainable and effective strategy would be to focus on the “harassment” rather than the “sexual”, or in

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New inquiry into sexual harassment – an OHS opportunity and challenge

On June 20 2018, the Australian government announced a National Inquiry into Sexual Harassment in the Workplace, claiming it to be a world-first. Sexual harassment is not an occupational health and safety (OHS) hazard in many ways BUT the psychological harm it can create is. The job of an OHS person is to encourage employers to reduce work-related harm through prevention, so we need to prevent sexual harassment, just as we do for all the work activities that contribute to poor psychological health and safety.

The macroeconomic costs of sexual harassment in the workplace may be of interest to politicians and business lobbyists but this can be a significant distraction from identifying ways to prevent psychological harm, which should be the most important legacy of this type of inquiry.

Addressing the OHS impacts of

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