Negligence or Neglect

At the moment, there is a growing concern about accountability of political leaders, business executives and established institutions. In Australia’s occupational health and safety (OHS) community that has manifested in a movement to introduce Industrial Manslaughter (IM) laws aimed at negligent employers. These laws have caused some business sectors and leaders to, figuratively, shit themselves. But this fear exists largely when looking at business and OHS through a legal compliance perspective. Breaking down Negligence to a concept that many more people understand – Neglect – may help some better accept their accountability for safe and healthy workplaces.

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OHS approach to sexual harassment gets an airing

Tracey Spicer talking with Tom Ballard in December 2017

Tracey Spicer has been a very public face of the campaign against sexual harassment in Australian workplaces. She, and her campaign, has not been without controversy but recently Spicer presented a three-part documentary on the issue. In Episode 2, the viewers heard, all too briefly, from Dr Rebecca Michalak about the occupational health and safety (OHS) context of sexual harassment.

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Sex Work review includes many OHS matters

The Victorian Government has announced a review of the regulations pertaining to sex work. It will include several areas related to occupational health and safety (OHS):

  • Workplace safety including health and safety issues and stigma and discrimination against sex workers
  • Regulatory requirements for operators of commercial sex work businesses
  • And the safety and wellbeing of sex workers, including the experience of violence that arises in the course of sex work and as a consequence of it, and worker advocacy for safety and wellbeing

Consumer Affairs has carriage of the Sex Work laws but the breadth of the review would have been better served if the announcement had been a joint one with the Minister for Workplace Safety and Minister for Health.

This review should offer a real challenge to Victoria’s OHS laws, the OHS profession, consultants, advocates and critics.

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Do workers have a real choice about their safety?

I apologise for spending so much time recently writing about Industrial Manslaughter (IM) laws, but the discussion of these laws is illustrating many of the interpretations of occupational health and safety (OHS) laws and management.  For instance, the recent IM debate in Victoria has repeatedly mentioned the need to apply IM laws to the acts and decisions of employees, as if employees have an unfettered choice to put their safety before the wishes of their employer – a nonsensical myth.

On November 26 2019 in Victoria’s Parliament Rod Barton MP of the Transport Matters Party acknowledged that the IM laws may focus the employer’s attention on ensuring truck drivers do not work while fatigued (an obligation already required by the OHS Act).  He then said:

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Shared Values, Social Values and Safety Values

Last week, the Shared Value Project launched its whitepaper called “Creating Shared Value, the Business Imperative to Improve Mental Health in Australia.” It is an interesting document that is part of the trend of reconfiguring capitalism, the decline of neoliberalism, talk of a “social licence”, Environmental, Social and Governance (ESG) and more. Depending on one’s position on capitalism, this makes it part of the wave of change or another failed humanitarian action in the wake of that capitalism.

Several people spoke at the launch, including Professor Allan Fels and the Victorian Minister for Mental Health, Martin Foley.

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Shared Value and Mental Health

This morning SafetyAtWorkBlog attended the launch of a whitepaper called “Creating shared Value: the business imperative to improve mental health in Australia” produced by the Shared Value Project. Just after the launch I had the opportunity for a quick interview with Shared Value Project CEO Helen Steel. Below is that audio as a short Safety At Work Talks podcast.

A longer article on the white paper and the comments of Victoria’s Minister for Mental Health, Martin Foley, at the launch will be available next week.

Kevin Jones

Tough but fair – Allan Fels

Allan Fels has served the Australian public for decades as the head of the Australian Competition and Consumer Commission, a Mental Health Commissioners and recently a Royal Commissioner for the Victorian Government in its inquiry into mental health. His level of activity and the breadth of that influence is extraordinary and should be no surprise that his service has overlapped and influenced workplace health and safety.

That experience has generated a book – Tough Customer – in which Fels reflects on his public service roles but also about how his life and that of his family have influenced his view of the world and his policy priorities. SafetyAtWorkBlog was able to speak with him for a short while earlier this week on the topics of

  • mental health
  • workplace health and safety
  • executive and political perspectives
  • the gig economy
  • ethics and social justice
  • the ACCC.
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