Category: ethics

“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament:

“The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where it is not reasonable to eliminate a risk, employers will be required to reduce the risks to the lowest level reasonably practicable. Practical risk management does not require employers to go to extraordinary, unrealistic lengths, and never has. Rather, it requires the management of risks that are likely to affect health and safety over which the duty holder has a level of control. This is what the Government has always said, and it has always been Government policy. This is what it intends to enshrine in legislation to give greater certainty to both employers and employees.”

Della Bosca paints “so far as is reasonably practicable” (ASFAIRP) as an integral part of eliminating risks to health and Safety, and it is an integral part of OHS laws, but it is also a limitation, a condition and a concession in achieving safe and healthy workplaces and one that is drastically in need of a thorough independent review.

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The next gig job must be safer and healthier

A man in different kind of occupations. Credit:
bowie15

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.

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More on David Michaels’ book – “statistics are people with the tears wiped away”

I found time to read the rest of David Michaels’ latest book “The Triumph of Doubt“. It was loaded with information that is directly relevant to the Australian occupational health and safety (OHS) sector but more about the manipulation of facts and the stealth of lobbyists and influencers than on the hazards themselves. Here’s my take on some of his thoughts.

Two Australian case studies that would not have been out of place in a book like Michaels’, or even an Australian supplement to his book, were quad bikes and workplace mental health. Quad bike safety is the better fit with Michaels’ approach as many of the techniques of Zellner and Dynamic Research Incorporated, and the strategies of international all-terrain vehicle manufacturers, reflect the those strategies in the book.

David Michaels writes about chemicals, primarily, but many of his words hint that similar “doubt scientists” could be already in the psychological health and wellness sector, except these scientists are less about reacting to litigation and legislation than supporting and strengthening an industry in anticipation of increased regulatory scrutiny. “Pre-action”, perhaps?

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OHS and wage theft

Australia is several years into a scandal of underpayment of workers referred to, by some, as wage theft. Occupational health and safety (OHS) would not normally figure in a wages and industrial relations (IR) scandal but the scandal has a legitimate OHS context.

The previous, and ongoing, scandals are not going to be summarised in this article as there are plenty of articles elsewhere in lots of different media but there is a common thread in many of the scandals. Workers are not being paid for some of the time they spend at work, work that is commonly described as unpaid overtime. This unpaid overtime extends the working day, for a variety of reasons, and OHS may not accommodate these additional hours (as they are “not official”) or OHS may be “stretched”, or risks downplayed.

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Worker exploitation may be cultural but is still harmful

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 media release lists several “systemic barriers” that are generating poor psychological health. It seems that most of these barriers would be removed or weakened if hospitals had more staff. Is the psychological harm a result of insufficient staffing levels? And is this a result of underinvestment in hospitals?
  • Is the fatigue, psychological harm, etc. a result of trying to make do with the available resources? If so, what new income or labour sources are being sought?
  • Why do you think the trend towards safe working hours stalled?
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Take a good hard look at your business and do something about it

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.

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OHS needs to ride the ESG wave

The current Environmental, Social and Governance (ESG) movement can be seen as the latest iteration of companies and business owners reflecting on the broader purposes of running a business.  An earlier manifestation of this reflection was Corporate Social Responsibility (CSR).  ESG and CSR are similar perspectives from different times but with a fundamental continuity.

Occupational health and safety (OHS) is integral to CSR/ESG/Sustainability considerations but is often overlooked or considered as a business add-on, a situation that has been allowed to persist by the OHS profession, Regulators and others over many decades.

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