The latest push for Industrial Manslaughter laws in Australia has appeared as part of the Tasmanian state election.
The Tasmanian branch of the Australian Labor Party released its policy platform for jobs in February 2018 which makes specific and vague commitments on workplace safety which require scrutiny.
Precarious Work
The Tasmanian Labor Leader, Rebecca White, states that
“Labor is committed to addressing casualisation and the outsourcing of work…”
Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry. In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers Australia and provided strong advice on how businesses can control sexual harassment.
Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.
The Weekly Times newspaper has included an 8-page wraparound to its 7 February 2018 edition about workplace safety. The supplement is timely, the contents are indicative of cultural and political changes and the supplement is a nice summary of the multiple hazards and management approaches needed in agriculture (the same as in most industries, really).
Data quoted liberally from
“Every year something like 1,000 people are killed at their work in this country. Every year about half a million suffer injuries in varying degrees of severity. 23 million working days are lost annually on account of industrial injury and disease.”
The existence of this statement is of no surprise to occupational health and safety (OHS) professionals. Similar statements are made all the time. The sad surprise of this quote is that it appeared in 1972 on page 1 of the Safety and Health at Work – Report of the Committee 1970-72, otherwise know as the Robens Report.
Perhaps it is time to begin contemplating what OHS fundamentals we should apply in the next generation of workplace safety health and wellbeing laws ?
Enforceable Undertakings (EUs) are increasingly popping up in the prosecution lists of occupational health and safety (OHS) regulators. A curious one appeared on WorkSafe Victoria’s website in January 2018.
Ardex Australia P/L was prosecuted for breaching OHS laws after a subcontractor was burnt:
“…when a dry powder mixing machine was operated whilst hot metal slag from welding activity was in the plant, causing an explosive dust-air mixture.”
But what is most curious is the EU’s inclusion of a $A50,000 donation to the Safety Institute of Australia (SIA).
A crucial element in achieving the aims of the independent review into WorkSafe Victoria, as discussed in an earlier SafetyAtWorkBlog article, seems to be the operation of the Occupational Health and Safety Advisory Committee (OHSAC). It was difficult to obtain a list of the current members of OHSAC. Due to the appointments being considered “ministerial”, WorkSafe would not reveal memberships.
But it is worth considering whether this type of tripartite-dominated committee is the most suitable or effective way of consulting on occupational health and safety issues. Can it represent the gig economy and new work arrangements? Given the broadening of OHS into mental health and wellness, does the current membership still represent OHS? Where’s the Human Resources representative? Does OHSAC membership fit with the diversity we now expect from our company Boards? But, above all else, does the growth in social media make these often plodding, and sometimes secretive, processes ineffective or redundant?
A spokesperson for the Victorian Government has provided the following names of current OHSAC members as at December 2017. SafetyAtWorkBlog has added titles and links to online member profiles:
One online news site in Australia has suggested that sexual harassment is an occupational health and safety (OHS) issue. At first blush, it should be. Sexual harassment can create mental ill-health and can certainly be harmful. But from the early days of discussions about workplace bullying and occupational violence in Australia, sexual harassment has been consciously excluded from OHS.
Is It or Isn’t It?
Some of the best discussion on bullying, harassment and violence was written by Dr Clare Mayhew for the Australian Institute of Criminology in 2000. These included a practical handbook on prevention. (It’s peculiar that some of the most perceptive works on OHS occur outside the OHS profession. Well perhaps not so surprising.) In the handbook, Mayhew points out that harassment has always been an element of workplace bullying but excludes sexual harassment from her discussion:
“The Australian Institution of Criminology believes that prevention, rather than post-incident reaction, is the key to improved outcomes. However, the handbook needs to be adapted specifically to each organisation for best results. The discussions exclude activity that could be described as sexual harassment, which is extensively dealt with elsewhere.” (page 1)
This position is reflective of the OHS literature yet, on reflection, this position may have been wrong for it contributed to a fractured approach to managing workplace psychosocial hazards.