Why bother with the Federal Government on OHS matters?

Australian political debate has a recurring thread of State and Federal responsibility. Currently, this debate focuses on the emergency response for floods in Queensland and New South Wales. Before this was the COVID response and the Black Summer bushfires. This argument over responsibility has trickled along for many years, for Constitutional and other reasons, including occupational health and safety (OHS).

Some years ago, all the Australian governments had a stab at resolving the split without reforming the Constitution through the OHS harmonisation strategy. It tweaked the system without Constitutional reform, but OHS will remain primarily a State and Territory matter (except for Comcare). This allows Prime Minister Scott Morrison to make bold statements (and some not-so-bold) about national problems like sexual harassment in Australian workplaces or worker exploitation in agriculture, understanding that the local jurisdictions are the ones who need to fix and police the problems.

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“Insecure work is absolutely toxic”

The Victorian Government is trialling the provision of five days of sick, and carers’ leave for casual workers.  This was announced jointly by the Premier Daniel Andrews and the Minister for Workplace Safety, Ingrid Stitt on the Labour Day public holiday, indicating that this is a big reform and one directly related to occupational health and safety (OHS).  But the OHS arguments are not at the fore, regardless of the quote from the Premier that is the headline above.

The OHS context of precarious work has been articulated clearly and over many years by many Australian researchers. The lack of serious action by employers to address the structural causes of physical and psychological risks related to precarity offers a good indication of the values and priorities of business owners and employers. 

Into this void, the Victorian Government has stepped.  Sadly, it is a mini-step that offers more political benefits than tangible change, especially in an election year.

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Notifiable psych injuries may be what’s needed

Recently the Victorian Government proposed six-monthly reports on psychologically hazardous incidents from employers to the OHS regulator, WorkSafe. The aim is to improve the pool of data available to the government in order to tailor harm prevention and reduction initiatives and a red tape campaign from employers is expected. These incident summaries are not the same as reporting a Notifiable Incident to WorkSafe but the notifiable incidents categories are overdue for a review and, maybe, an expansion.

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Break the (structural) bias

March 8 is International Women’s Day, one of the biggest celebratory and lobbying days of the year. The media releases and public statements have already started rolling out over the weekend. Today and tomorrow, important speeches will be made and many will focus on workplace issues, and the subset of occupational health and safety-related matters, such as job security, respect, physical safety, psychological health and equal pay.

The challenge for the audience and the speakers is whether structural change and prevention are advocated or whether the speakers are endorsing remediation, early intervention, and other strategies that apply only after harm has occurred.

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On mental health, everyone wants to win

In response to the first of this series of articles on Victoria’s proposed Psychological Health regulations, one reader provided an excellent outline of one of the roads leading to the proposal. It is certainly worth looking back to the Boland Review and recommendations, but it is also worth considering some of the politics around Minister Stitt’s announcement in May 2021.

Recently WorkSafe Victoria’s Principal Psychological Health and Safety Specialist, Dr Libby Brook, was interviewed on the Psych Health and Safety Podcast. In providing background to the proposed regulations, politics was touched upon, sort of, but it was good to hear directly from a WorkSafe representative on the issue and the proposed regulations. The interview illustrated some of the strengths and weaknesses in the regulations.

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What is a psychological incident?

The Regulatory Impact Statement (RIS) for Victoria’s draft Psychological Health Regulation does not seem to define what is meant by a psychosocial incident. (If I have missed it, please include a reference in the comments section below) In trying to establish a workplace mental health demographic, the RIS states that:

“As there is currently no legislative reporting requirements for psychosocial incidents, voluntary calls received by WorkSafe’s advisory service have been used as a proxy to estimate the prevalence of psychosocial incidents in the workplace.”

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It is a pretty fluffy determination that the RIS accepts, further illustrating the need for additional data. The advisory service figures record 80% of psychosocial calls relate to bullying.

Continue reading “What is a psychological incident?”

Is red tape justified?

One of the interesting features of the Psychological Health regulations proposed by the Victorian Government last month is the requirement for employers to provide regular six-monthly reports on psychological incidents.

The Regulatory Impact Statement (RIS) states that:

“…the proposed regulatory amendments will require employers to keep written records of prevention plans for prescribed psychosocial hazards and impose reporting requirements on medium and large employers.”

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