Victorian sexual harassment recommendations protect workers – sort of

In light of many workplace sexual harassment scandals in Australia, the Victorian Government established a task force to look at the issues and make recommendations. That task force has released its findings, the government has responded, and the media has focused on mainly one issue – non-disclosure agreements (NDAs) – missing out on other important information. And questions like, why did Victoria have the task force at all?

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Sunlight on “an atmosphere of fear’

The Queensland Government and Premier Annastacia Palaszczuk have been under heavy criticism for their workplace cultures and leadership since the release of the Coaldrake report last week – a “review of culture and accountability in the Queensland public sector”.

The report is very critical of the Queensland government’s management of the public service, identifying problems with the overuse of external consultants, issues of unfairness, the lack of transparency and openness, bullying and more. These findings could apply to most of the contemporary public sectors in Australia nationally and locally (as well as most medium- to large-sized companies).

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Sexual harassment laws in dozens of countries and states

Ellen Pinkos Cobb is building an interesting library of books on sexual harassment. Next month sees the release of “Managing Psychosocial Hazards and Work-Related Stress in Today’s Work Environment – International Insights for U.S. Organizations“, but one of her previous titles from 2020 is also enjoyable. Cobb published “International Workplace Sexual Harassment Laws and Developments for the Multinational Employer“. This comparative study is an excellent resource, even though the legal environment is changing rapidly.

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‘Enough was Enough’ over a decade ago and the mining industry failed to act then

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.

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Hope clearly did not work. What’s next?

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:

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On psychosocial hazards, HR and OHS are getting closer……. slowly

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”.

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Does OHS research have a Left and a Right?

Occupational health and safety (OHS) has had an uneasy ride in political debates in Australia, often because there is a disturbing morality in laws that dictate an employer has responsibility for the safety and health of their workers, even if legal wriggle room is allowed. There is no written history of OHS in Australia except within the confines of Industrial Relations, if it gets mentioned at all.

Recently I engaged in a conversation with a professional colleague on LinkedIn (I know, didn’t your Mother always say not to engage with people on social media? Well, this is a blog so….). That colleague made some odd political statements.

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