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.
[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.
Many Australian workplaces will be reopening in the next few weeks. Their productivity capacity will change, their workplaces, will change and their approach to, and understanding of, occupational health and safety (OHS) will need to change. But there are signs that some business owners and employers are embracing risk and safety in this new operating climate but there are others who are either denying the changes needed, are struggling to think creatively, are ill-informed or are stupid. Most of these realities were on display in a single edition of the Australian Financial Review (AFR) on May 8, 2020 (paywalled) – the primary source for this article.
The timing of the newspaper edition is important as it was published on the morning before the Prime Minister, Scott Morrison, and Chief Medical Officer, Brendan Murphy, revealed the decisions of the National Cabinet. A further blog article will be produced on those decisions shortly.
Lifts and Whinging
The AFR front page carried a short story called “Elevated risks in office lifts” that shows the deficiencies of several thought processes mentioned above.
As parts of the world begin to emerge from the disruption and lockdowns of COVID19 some academics and experts are advising that the future must be built on the past but should not seek to replicate it. Over a dozen prominent, global academics (listed below) have written a discussion paper to be published in the Economic & Labour Relations Review (ELRR) in June 2020 entitled “The COVID-19 pandemic: lessons on building more equal and sustainable societies” which includes discussion on workplace relations and factors affecting mental health at work. These big picture discussions are essential in the development of strategies and policies for the post-COVD19 world and occupational health and safety (OHS) has a legitimate, and some would say unique, voice.
The topicality and importance of many issues highlighted in early 2020 have disappeared. One of them was the issue of sexual harassment in the workplace and Libby Lyons, Director of the Workplace Gender Equality Agency, has released the speech she intended to give at the, now cancelled, Commission on the Status of Women meeting at the United Nations. Lyons said this about sexual harassment and employers:
The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:
“How WorkSafe applies the law in relation to Reasonably Practicable”
What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.
The discussion about recovery from the COVID19 pandemic is starting, particularly in Australian and New Zealand where the infection and death rates seem to be declining quicker than in other countries. The Business Council of Australia (BCA) released its recovery plan on 20 April 2020. The media release is entitled “Business crucial to a safe return to normal“. The word “normal” is more loaded at the moment than normal 🙂 because it belies an assumption that what existed before the outbreak of COVID19 is how the world should be, even though the pandemic has illustrated weaknesses in what used to be the “normal”.
SafetyAtWorkBlog will focus on those elements of the BCA plan that directly or indirectly affect the physical and psychological health of workers but there is also some text, and subtext, that illustrates the ideological position of the BCA.