COVID-19 lessons are more likely to come from an independent investigation than from OHS prosecutions

WorkSafe Victoria has a window of two years, within which it must start a prosecution for breaches of the occupational health and safety (OHS) legislation. As a result, a small number of notable prosecutions commenced recently from the early days of the coronavirus pandemic.

Over the last few weeks, Worksafe has started court action against St Basil’s Homes For The Aged, Heritage Care Pty Ltd and an individual nurse.

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Guilt, shame, dissatisfaction: workers and customers on the gig economy (and how to make it better)

This article is republished from The Conversation under a Creative Commons license. Read the original article.


The gig economy is in trouble. Rideshare drivers are cancelling in droves. Wait times for food delivery are ballooning out and driver shortages are leading to food waste.

So, what’s going on? To find out more, I interviewed 30 Melbourne gig workers who worked as rideshare drivers, food deliverers or for task-based platforms such as Airtasker.

I also spoke to 30 customers who use such services, and to 20 industry stakeholders. My colleague, Elizabeth Straughan from the University of Melbourne, conducted a further ten interviews with gig workers after the pandemic set in, to learn how they’d been affected.

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Do what you know is the right thing to do

Currently, Australia has an increase in hospitalisations of people with the latest COVID-19 variants and influenza. The Victorian Government, in particular, is resisting implementing a mandatory requirement for masks even though this Winter had been flagged as a season of high risk for transmissible infections, and such control measures were shown to be effective in previous years.

Regardless of the politics in the Victorian Government’s decision, and there is a lot of politics there with an election in November, what should employers do to reduce the risks of workers catching or transmitting the virus, and so maintain continuous operation and production?

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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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What’s not worked on workplace mental health

We need to seek alternative perspectives to better understand ourselves and our place in the world. In 2020,Takenori Mishiba wrote about comparative perspectives of workplace mental health laws. The book has been published in a more affordable paperback edition very recently. The attraction of this book is that Australia was not part of Mishiba’s research.

On the first page, Mishiba states that:

“…there is currently no precise legal definition of mental health.”

This alone should generate great concern in the occupational health and safety (OHS) discipline.

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Mixed OHS messages from business groups on COVID-19

COVID-19 and its variants persist as real risks in Australian workplaces, but employers want workers to continue to return to workplaces. Most of these workplaces have not been redesigned to increase ventilation. Most persist with long desks of multiple users in open-plan arrangements, although some continue with almost continuous cleaning regimes. Employers can argue that they are following public health guidelines (or their absence), but the occupational health and safety (OHS) risks still need managing.

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Good framework but insufficient analysis

Occupational health and safety (OHS) is rarely analysed as a stand-alone business element. As such opportunities are missed to clarify one’s understanding of work health and safety and companies’ experience of it beyond “commitments” and workers’ compensation costs.

There is great potential for change in the United Nations’ Sustainable Development Goals (SDGs), especially Goal number 8. Sadly, even here “Decent Work” which includes the safety and health of workers (8.8) is shared with “Economic Growth”. As a result, it is often difficult to isolate the OHS components. A recent analysis of Australia’s ASX200 companies illustrates the problem.

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