discrimination – Page 4 – SafetyAtWorkBlog

“so we know we’ve had laws, but why haven’t we had change?”

Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry. In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers Australia and provided strong advice on how businesses can control sexual harassment.

Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.

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There is no such thing as a Cone of Silence, accept the reality

At a recent seminar on managing serious workplace incidents, there was a brief discussion about how evidence is collected and controlled. The response from the panel was that one should always assume that conversations are always being recorded or have the capacity to be. A non-safety example of this appeared in The Age newspaper recently. It appears that someone recorded the Royal Australasian College of Surgeon’s examination process and the recording included discriminatory comments. Two examiners have been stood down and the College is investigating the examination processes. Continue reading “There is no such thing as a Cone of Silence, accept the reality”

Attitudinal survey has promise but the restriction of data stifles discussion

The “Australia’s Behaviour Concerns” (ABC) survey has received a good deal of press in Australia this week as it provides so many options for each State’s media to report on concerns identified by the survey’s respondents. Of the thirty-eight concerns identified, three involve occupational health and safety (OHS) directly:

Work Harassment
Discrimination and Bullying
Unsafe Work Practices.

One of the significant issues with such surveys and findings is that these measure perceptions of safety and not the reality. Community concerns may be high but may mostly reflect topical events, campaigns and advertising so in terms of verifying marketing and OHS awareness campaigns, the survey may be most useful. Continue reading “Attitudinal survey has promise but the restriction of data stifles discussion”

Increased productivity and dignity at work are achievable

David Yamada, in his blog Minding the Workplace, states that

“the more we can get the concept of human dignity into our everyday discussions of work, the better.”

SafetyAtWorkBlog is a supporter of dignity at work and it is heartening to see that the concept is being discussed globally. Dignity, as an activator for change, seems to be a missing element in not only The Hedgehog Review but also very recently released reports, OHS guidances and Australia’s debate on productivity.

The Australian Human Rights Commission released a report last week about sexual discrimination called Working Without Fear. A quick word search for “dignity” shows no results, nor do searches for “bully” or “bullying”. This is disappointing but perhaps should not be a surprise as this report indicates again that the Australian Government considers sexual discrimination and workplace bullying to be separate issues although lawyers and the media often overlap the two.

The Working Without Fear report, based on a large telephone survey concludes that

“…. targets of sexual harassment are most likely to be women and less than 40 years of age. Consistent with previous surveys, the 2012 National Survey also shows that the harassers are most likely to be male co-workers, though women were at least five times more likely than men to have been harassed by a boss or employer. Men Continue reading “Increased productivity and dignity at work are achievable”

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT). The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers. The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Important OHS law reformer, Jeff Shaw, dies

Around 15 years ago, occupational health and safety law in New South Wales looked exciting. The NSW Standing Committee on Law & Justice was investigating OHS, and not just the laws. There was a potential for the inquiry to make New South Wales a leader in innovation in this sector.

On 11 May 2010, the news broke that a leading supporter for the review, Jeff Shaw, had died. Although his legal career ended in controversial fashion, Shaw’s activities in relation to industrial relations and OHS were notable. SafetyAtWorkBlog looks briefly at Jeff Shaw’s OHS legacy. Continue reading “Important OHS law reformer, Jeff Shaw, dies”

Genetic discrimination at the workplace

In the Men’s Health page (page 59, not available online) of the Australian Financial Review on 16 April 2009 was a mention of a verified case of genetic discrimination in worker’s compensation.

It says that a woman slipped at work and lodged a worker’s compensation application. The assessment tribunal noted that some members of her family manifested Huntington’s disease which, in its early stages, may cause clumsiness and the tribunal requested a genetic test for the Huntington’s gene.

It is a shame that this article was limited to the Men’s Health page as the issues raised have considerable impact on how safety and return-to-work obligations are handled in workplaces.

There are two studies quoted in the article and it is unclear which had the worker’s compensation case quoted. It may have been Genetics in Medicine but blog readers’ help would be appreciated.

Kevin Jones

An interesting short article on genetic discrimination from late-March 2009 is available online.

Category: discrimination

“so we know we’ve had laws, but why haven’t we had change?”

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There is no such thing as a Cone of Silence, accept the reality

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Attitudinal survey has promise but the restriction of data stifles discussion

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Increased productivity and dignity at work are achievable

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Bullying has many causes and too many avenues of appeal

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Important OHS law reformer, Jeff Shaw, dies

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Genetic discrimination at the workplace

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