Sacking may eliminate a hazard but allow toxic work cultures to persist

A Queensland inquiry into how Police respond to and handle domestic violence incidents has gained an occupational health and safety (OHS) context. According to The Guardian newspaper (paywalled).

“Employment law experts say the weak police discipline system and the ongoing employment of problematic officers have created “clear breaches of duty” under workplace health and safety laws, which require organisations to provide a safe environment for employees.”

Perhaps the article is more telling in the assumption that offending Police are unredeemable, with the only option being to sack them. OHS duties are meant to be supportive, but they also advocate that workplace hazards should be eliminated, as this is the most effective risk control measure.

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Disconnect and Positive Duties

Recently the Australian government released the interim report of the Select Committee on Work and Care. This committee is one to watch for many reasons; the least is that it is chaired by Senator Barabara Pocock, a leading researcher and writer on issues related to work/life balance and workplace equity. The report does not address occupational health and safety (OHS) risks directly;y but discusses many of the flexible work structures that can affect workers’ mental health.

One element of the Committee’s report deals with the Right to Disconnect – the right to turn off from the always-on workplace; a policy that returns the focus of days off to relaxation, hobbies or reconnection with friends and family.

Another is the imposition of another work-related positive duty.

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Why isn’t work safer?

Recently Australian law firm Cornwalls published an article about workplace health and safety in support of National Safe Work Month.  The article, written by Robert King, illustrates the difference between advice from a lawyer and advice from an Occupational Health and Safety (OHS) professional.

King advocates that National Safe Work Month is a good time to audit one’s OHS management system.  He’s right, but anytime is a good time to undertake these audits as long as the auditor is independent and honest.

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Two OHS regulators under investigation

Almost all the government agencies that regulate occupational health and safety (OHS) in Australia have been subjected to various independent inquiries. These inquiries have been a mix of political, financial and cultural. The review of SafeworkSA closes submissions at the end of this week. SafeWorkNSW is to have a six-month audit (paywalled) of its performance by the NSW Auditor-General, according to Adele Ferguson in the Sydney Morning Herald.

The Auditor-General is yet to release a media statement on the audit, but Ferguson identifies several serious concerns.

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Minister could have spoken stronger on OHS at a business event

Recently Australia’s Minister for Resources, Madeleine King, spoke at an event hosted by the Western Australian Chamber of Commerce and Industry. The speech aimed to reassure the State’s mining sector to not feel threatened by the new Australian Labor Party government. However, her words about sexual harassment were a little odd.

According to the publicly released speech, King said this on the issue of the labour shortage in mining and resources:

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Rebuilding the “Duty TO Care”

Decades ago, the occupational health and safety (OHS) conferences had speakers regularly urging us to focus on the “H” in OHS. The “H” was often “Health”, but it was also the “Human”. OHS professionals have long acknowledged that the profession, and the OHS regulators, focussed for too long on traumatic physical injuries and less on health risks, often related to dust, or human risks associated with bullying, harassment and other psychosocial harms. Those days have gone by, but employers and institutions are yet to catch up.

Part of the reason for this lag is the intransigence of the neoliberal ideology and economics epitomised by Margaret Thatcher in the UK, Ronald Reagan in the USA, and Bob Hawke, Paul Keating and John Howard in Australia. (Australia’s neoliberalism was sneakier than in other countries and not just nationally. Jeff Kennett, I am talking about you). Neoliberalism is on the decline, although slower than it should be.

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Resilience training is not dead, but it is coughing up blood

[This article was submitted to The Age (and elsewhere) as a soft counter to so many workplace articles about health and safety that never include content from an occupational health and safety (OHS) specialist. It was never used, even though rewrites were requested.

So it gets used here and in support of this curious month of October where, in Australia, there are two separate monthly themes – Mental Health and Work Health and Safety. That these themes continue to be separate says heaps about the culture in each of these sectors]

Australian jurisdictions are amending their workplace health and safety (WHS) legislation to specify that the unavoidable duties and obligations of employers must now include the psychological health of their workers and not just physical health.  These reasonable and long overdue moves are manifesting in new laws, and new guidances supported by new International Management Standards. The kicker in these changes is that, at least in Victoria, employers will no longer be able to rely solely on awareness training or resilience training to manage workplace mental health.  This position could, and should, challenge traditional mental health trainers and lobbyists to recalibrate their workplace strategies.

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