Chalk and Cheese – legal seminars on mental health at work

Over the last few months, various seminars from law firms and others have focussed on how to comply with new and impending occupational health and safety regulations related to psychosocial hazards at work. Over the last fortnight, I attended two such seminars; they were as different as chalk and cheese, even though both had strong voices from lawyers, illustrating the sources of some of the confusion over the issue felt by some employers.

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Work-related childrens book

In 2015, I described the classic children’s book The Story of Ferdinand as the most important book about modern OHS (occupational health and safety). My interpretation of it as a book about toxic masculinity and work/life balance will remain relevant as long as it exists. But another example of a children’s book related to work, but more obviously than Ferdinand, is the award-winning picture book Cicada by Shaun Tan.

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Work mental health and construction industry negotiations

Australian trade unions are in a difficult position on the matter of workplace mental health. New regulations require employers and, to a lesser extent, workers to act on a positive duty to prevent psychosocial harm. However, how does one achieve the necessary changes without being financially penalised?

Recently, the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), John Setka, granted The Australian newspaper’s Workplace Editor, Ewin Hannan, an exclusive interview (paywalled) in which occupational health and safety (OHS) was discussed.

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Violence against retail workers persists

The Australian Financial Review published an article on April 14 2023 (paywalled) about workplace health and safety risks faced by retail workers. The entry point was the stabbing death of twenty-year-old bottle shop worker Declan Laverty in Darwin. That a business newspaper includes an extensive article on workplace safety is a positive, but it tries to be too inclusive and overlooks hazard control measures.

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Industrial Manslaughter laws for New South Wales? Join the queue

Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.

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The well-being and psychosocial “wild west”

With the new Psych Health and Safety regs/codes of practice, it seems many corporate ‘wellness’ providers are now branching out into the now topical, psychosocial risk management domain.  As someone who supports several national/multinational organisations, I am seeing a big gap between the academic research, provider capability, corporate understanding, and real-world activity.  I am also seeing some very questionable tools/approaches/programs and activities emerging in the race to sate the increasing corporate psych risk appetite.

[Guest post by David Burroughs]

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Violence against teachers

Unless you are a teacher, it is difficult to comprehend the extent of stress and pressure teachers can face at school. A recent court case in Queensland involving an appeal against a decision by the Regulator not to accept a workers’ compensation claim provides some insight into the teacher’s lot.

The case, Roberts v Workers’ Compensation Regulator [2023] QIRC 76 (6 March 2023), was won by Ms Karen Roberts as the Commissioner decided that Roberts’ experiences at work, over time, were the major contributor to her post-traumatic stress disorder. There are statements in this decision that the school’s management practices did not worsen her experiences, and there are arguments over the degree of influence of other factors, but there is no occupational health and safety (OHS) perspective here. Even though it is not an OHS prosecution, there is an important OHS context.

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