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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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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Will workplace psychological regulations work?

Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.

These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.

This is the first of a series of articles on psychological health and the proposed regulations over the next few days.

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Good COVID OHS book

Late last year, lawyer Michael Tooma and epidemiologist Mary-Louise McLaws published “Managing COVID-19 Risks in the Workplace – A Practical Guide”. Given how COVID-19 is developing variants, one would think that such a hard copy publication would date. However, the book is structured on the occupational health and safety (OHS) obligation of managing risks, and whether the variant is Delta, Omicron or Omega (if we get that far), the OHS principles and risk management hold up.

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Danger Money corrupts OHS

The traditional manner for employers to get unsavoury or hazardous work tasks done is to offer more money. This is referred to as Danger Money in some countries and Hazard Pay in others. There has been a resurgence in Danger Money during the COVID-19 pandemic, offered by some employers and requested by some workers and unions. This negotiation is a collaborative avoidance of both groups’ occupational health and safety (OHS) obligations and should be opposed vigorously by OHS associations and advocates.

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