HRDaily unlocked an article concerning workplace sexual harassment on March 6 2020. The article was written by lawyer Fay Calderone and SafetyAtWorkBlog sought clarification from her on a number of points.
Some of the issues raised in the original article and Calderone’s responses will be discussed in a secondary article.
“Coercive control” is getting attention in New South Wales in relation to domestic violence but there are similarities to workplace behaviours such as sexual harassment and bullying.
The Chief Psychiatrist of Victoria’s “guideline and practice resource: family violence” says
“Family violence is understood as a pattern of repeated and
page 5
coercive control, aiming to control another person’s thoughts, feelings and actions.”
A lot of focus is currently on casual workers as their jobs disappear due to the responses to the COVID19 coronavirus. Australia has around 2.6 million of them and there are many more workers who may be classified as Part Time but operate on uncertain rosters and are, in reality, as precarious as casual employees. Occupational health and safety (OHS) is struggling to address the hazards presented by modern variations of precarious work, such as gig economy workers, because it, and government economic and employment policy more generally, is structured on the assumption of Full Time Employment (FTE) with work occurring mainly from nine to five, on weekdays with weekends off.
Consideration of precarious worker OHS may seem a lesser priority at the moment as many of us are quarantined or quarantine by choice but at some point, hopefully, within the next twelve months, business will resume. However, that business model and structure is unlikely to be the same. Indeed, it should not be same as the risk profile for all businesses and the community generally has changed. So, let’s have a look at some of the recent thinking about precarious work and the OHS risks so that we can build a better, safer model.
It is very hard to write about any occupational health and safety (OHS) issue in this time of a global pandemic. Many of the workplace hazards continue to exist but in a different context and, of course, the duty of care on both employers and workers continues wherever work is being done. Australians, understandably, have an insular focus at the moment, but there is some benefit from looking at how national disruption has been handled elsewhere in the recent past. COVID19 is not SARS, but Singapore’s action in 2003 is useful in showing how change can be managed. This change management is likely to be a more integral part of effective OHS management for all Australian businesses once the pandemic declines.
On March 10 2020, the Andrews Labor Government and the Minister for Workplace Safety, Jill Hennessy, released a media statement about a “social experiment” involving the safety of young workers, in response to the fact that “about 50 young workers are injured every week”.
The statement said that the campaign is
“… warning employers to protect young workers and making sure young Victorians are aware of their rights through a powerful new campaign …..
[and]
“…is part of a social experiment which saw young workers aged 18-25 asked to participate in a mock job information session for a research company.”
The significant finding was that
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.
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.
