The Australian Chamber of Commerce and Industry’s Jennifer Low appeared on a recent episode of the Psych Health and Safety Podcast and, as a member of the Safe Work Australia (SWA), was able to provide an update on the new psychosocial regulations section, which is to be inserted into the Model Work Health and Safety Laws this year.
The recent report on sexual harassment at West Australian mine sites deserves national attention for several reasons. The stories are horrific, partly because many of us thought such stories were in the distant past. The fact that many are recent should shock everyone into action.
The report “Enough is Enough”is highly important, but its newsworthiness seems disputable. Some media have covered the report’s release but the newsworthiness, in my opinion, comes less from this one report but from the number of reports and research on sexual harassment, bullying, abuse, disrespect and more in the mining sector over the last twenty years that have done little to prevent the psychosocial hazards of working in the mining and resources sector and especially through the Fly-in, Fly-Out (FIFO) labour supply process.
In the Weekend Australian newspaper, workplace relations journalist Ewin Hannan reported on a presentation (paywalled) made by the Employment and Workplace Relations Minister Tony Burke to the Attorney-General’s Department staff. (Safe Work Australia, currently, exists in this department) From Hannan’s report, the focus seems to have been on industrial relations but it’s useful to consider Minister Burke’s words from an occupational health and safety (OHS) perspective given that it is highly likely that Safe Work Australia personnel were one of the “hundreds” attending or listening in. Burke said:
The Office of the Federal Safety Commission is a weird beast. It originated from Royal Commission in the Building and Construction Industry which many at the time and since saw as a politically motivated exercise. But whereas the Australian Building and Construction Commission which also originated in the Royal Commission, is mired in political and media back and forth, the OFSC has remained relatively clean. This may illustrate the difficulty of arguing against workplace health and safety even when the Commission has a fair bit of safety clutter.
Recently the OFSC joined the workplace mental health movement, a legitimate occupational health and safety element. It will offer little that is new, but the results of its November 2021 member survey do provide a useful insight into the major construction projects and contractors.
In narrow terms, the occupational health and safety (OHS) profession has largely neglected the management of psychological harm in workplaces. Human Resources (HR) has been the “go-to” on this issue, but various government inquiries have identified major shortcomings in the HR approach. In a recent podcast, Tony Morris of law firm Ashurst interviewed an HR and OHS professional on sexual harassment and psychosocial risks at work.
In response to the question of whether these risks are no being accepted as work health and safety risks, Julia Sutherland responded that this reality has been accepted by OHS regulators but implies that the acceptance has not been to the same extent by employers. She reassures employers who have not been approaching these hazards through OHS laws and guidance that they should not be alarmed as the OHS context has only existed for “a couple of years”.
In 2008 a remote area nurse was raped and assaulted in her work-related residence in Mabuiag Island in the Torres Strait. More recently, South Australia had a similar incident – the rape and murder of nurse Gayle Woodford while working on-call alone. Both have resulted in inquiries by Coroners, Departments of Health and others, with similar outcomes, primarily that these incidents could have been prevented.
The recent outrage around Woodford’s death was that SafeWorkSA investigated and decided not to proceed with a prosecution of her employer Nganampa Health Council (NHC). The Coroner had already investigated Woodford’s death and found significant deficiencies in the NHC’s management systems and practices. Understandably questions have been asked in the South Australian Parliament, questions that raise important occupational health and safety (OHS) issues.
The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.
There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:
