The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

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Predatory Capitalism and OHS

A fundamental aim of occupational health and safety (OHS) is the prevention of harm. To determine the most effective ways of preventing work-related harm, OHS professionals must investigate the source of harm. This requires them to look beyond their own workplaces to socioeconomic factors. Greed is the source of almost all of the world’s economic woes.

Greed manifests in the OHS context by employers not allocating sufficient resources for people to work safely and healthily. This greed, this seeking of maximum profits and excessive wealth, is supported by legislative, financial and social institutions. A new book by Ingrid Robeyns – “Limitarianism, – The Case Against Extreme Wealth” – offers several examples of how greed creates unsafe work.

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A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

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A curious omission from NY Times well-being article in The Age

Another article reporting on Dr William Fleming’s workplace wellness research appeared recently in the New York Times, reproduced in some Australian newspapers like The Age (not available online). Newspapers are entitled to edit other newspaper’s articles for many reasons. Most tweaks are legitimate, but, in this case, The Age dropped an entire paragraph, which does not reflect the balance of the full NYTimes article.

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A call to arms on OHS

In early January 2024, the British Medical Journal (BMJ) published a commentary by Professor Alex Collie that illustrates the need to broaden our consideration of “traditional” and psychosocial hazards and well-being at work. The article is paywalled but worth obtaining a copy.

Collie‘s research is always interesting, and being published in the BMJ adds some clout to this call for activism.

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New Sexual Harassment Code is part of the workplace mental health transition

This month Safe Work Australia (SWA) released its Code of Practice – Sexual and gender-based harassment, which applies to almost all Australian occupational health and safety (OHS) jurisdictions. It is an important document for many reasons, not the least is to reduce, and hopefully to prevent, the potential for life-altering psychological harm. It is also important in the expansion of management areas traditionally managed through personnel departments to include OHS concepts and control measures.

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Dr Fleming’s well-being research has generated controversy, as it should

Dr William Fleming’s open-access article called Employee well‐being outcomes from individual‐level “Mental Health Interventions: Cross‐sectional Evidence from the United Kingdom” is receiving a lot of online and mainstream media attention, and rightly so. It is a robust piece of research from a sample of over 46,000 workers in 233 organisations. The article compares:

“…participants and nonparticipants in a range of common individual‐level well‐being interventions, including resilience training, mindfulness and well‐being apps. Across multiple subjective well‐being indicators, participants appear no better off.”

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