On February 11, 2024, the Insiders program had a curious discussion on the Right-To-Disconnect. Different generational perspectives, industry perspectives, and a curious denial were present.
Last week, the Australian Parliament passed workplace relations legislation that included a Right-To-Disconnect.
Insiders’ host, David Speers, asked Jacob Greber of the Australian Financial Review to explain the probable workplace changes (it was a poor summary):
The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.
The closer the RTD laws come to reality, the more useless they appear.
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:
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.
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.
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.
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.
