In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:
“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”
A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.
The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.
In late January 2020, the Australian Health Minister, Greg Hunt, announced new funding for suicide prevention programs. As the announcement occurred during the increasing concerns over the coronavirus, media attention to the funding announcement was minimal and this overlooked an important shift in suicide prevention strategies.
Six months ago the Prime Minister appointed Christine Morgan as his Suicide Prevention Adviser. As part of the funding announcement, Morgan spoke about a major change to suicide prevention strategies that acknowledges that not all suicides result from mental illness – a reality that has been emphasised by some Australian researchers for over several years. Significantly Christine Morgan is reported in Newscorp media as saying:
The Australian Medical Association (AMA) has released a media statement based on new research into mental illness and suicidal ideation of junior doctors. Given that the relationship between excessive working hours and mental health is increasingly becoming an occupational health and safety (OHS) issue, SafetyAtWorkBlog sought some clarification to some of the quotes in the statement attributed to AMA President, Dr Tony Bartone.
The January 23 2020 media release quoted Bartone saying:
“A healthy medical profession is vital to patient safety and quality of care, and the sustainability of the medical workforce,… Significant evidence already exists to show that doctors are at greater risk of psychological distress and stress-related problems. This new research provides clear additional insight into how the workplace can affect the health and wellbeing of the medical profession. Long working hours, unpredictable rosters, overtime, being on-call, and night shifts are significant systemic barriers to the maintenance of physical and mental health and wellbeing. There is an established link between working more hours and having higher rates of anxiety, depression, and psychological distress.”
These are the questions put to the AMA:
The Medical Journal of Australia (MJA) published an opinion piece on January 20, 2020 concerning working hours in the medical profession and the risk of mental health and suicide from working excessive hours. It uses the Japanese problem of “karoshi” to illustrate the severity of the workplace risks but it misses a couple of points.
It references the amendments to Victoria’s Occupational Health and Safety (OHS) legislation that introduced an offence of Industrial Manslaughter but implies that this amendment changes the duty of care expected of employers and changes a worker’s right to a safe and healthy workplace.
The prevention of psychological harm generated by sexual harassment has been a recurring theme in the SafetyAtWorkBlog. It is heartening to see similar discussions appearing in labour law research.
An article, published in the Australian Journal of Labour Law, called “Preventing Sexual Harassment in Work: Exploring the Promise of Work Health and Safety Laws” written by Belinda Smith, Melanie Schleiger and Liam Elphick strengthens the role that occupational health and safety (OHS) laws can play in preventing sexual harassment and its harm.
The Australian Industry Group has released research into workplace mental health conducted by Griffith University. The AiGroup claims it is a
“… a landmark study into mental health initiatives taken in local workplaces”.
It is far from it. Workplace mental health will only become more important in 2020 with reports due from the Productivity Commission and the Australian Human Rights Commission. Sadly the AiGroup report gives inadequate attention to the prevention of work-related psychological harm even though this has been identified by some Australian mental health experts as the most cost-effective and sustainable business strategy.
The most obvious problem with the report is with this statement: