Recently Australian law firm Herbert Smith Freehills conducted a webinar on mandatory vaccinations. (2,000 attendees = hot topic) This workplace issue is moving quickly in each Australian jurisdiction and almost every day. There was some helpful advice in this seminar that was, thankfully, not reliant on case law and the avoidance of occupational health and safety (OHS) liability. Below is a discussion of some of the self-analysis and risk assessment that all employers should undertake to manage their workforce through COVID-19.
Category: health
Mandatory vaccinations without making vaccinations mandatory
In a little over a month, the Australian conversation about mandatory vaccinations at work has changed dramatically. In early August, food processing company SPC was treated suspiciously over its requirements for its workers, customers, and contractors to be vaccinated against COVID-19. Recently, the New South Wales Premier, Glady Berejiklian, required vaccinations for workers to move outside of certain residential locations. And today, the Victorian Health Minister, Martin Foley, has all but made vaccinations mandatory for the construction industry.
As Berejiklian has shown, you don’t need to impose mandatory vaccinations to make vaccinations mandatory.
Continue reading “Mandatory vaccinations without making vaccinations mandatory”“Too little, too late” but potential in primary prevention
On Australia’s Women’s Safety Summit, Wendy Tuohy contemplated, in The Age, after the first day;
“It may turn out to be too little, too late, but if there’s real commitment behind Morrison’s lines, we could conclude it’s a start.”
There are few signs of Prime Minister Scott Morrison’s commitment. Women will continue to work in companies and workplaces where they are at risk of psychological harm from sexual harassment and physical harm from sexual assault. Occupational health and safety (OHS) laws offer a harm prevention option that nobody seems keen to consider.
Established safety practices should still be investigated
Every profession has safety practices that have existed for years and are integral to that profession’s character and operations. These have usually occurred because of correlation more than a cause, and occupational health and safety (OHS), in particular, advocates evidence-based decisions.
One longstanding example could be the mandatory wearing of lace-up ankle-high safety boots for working in the construction of railway infrastructure. Another could be the current debate over the effectiveness of face masks for protection from dust particles and airborne infections.
Revelations for wellness providers and workers
The Australian Financial Review (AFR) is Australia’s national newspaper on business issues. Recently its Editor Michael Stutchbury stated that he purposely focussed the newspaper on being business-friendly. This is understandable as businesses and employers, and entrepreneurs are the paper’s subscriber base and market, but sometimes articles can be too business friendly, and a recent article on burnout and the four-day-week may be an example. Thankfully the AFR article also included a brief mention of a more useful global survey about work in a time of pandemic.
The article, called “Pandemic burnout ignites argument for shorter workweek” (paywalled) included these quotes from a regular AFR contributor Reanna Browne on the possible mental health benefits of a four-day week:
“COVID has intensified these [mental health] issues and also given rise to new forms of workplace exhaustion such as wide-scale increases in working hours, alongside novel health challenges like digital load management and Zoom fatigue…”
Can the sex industry be the same as any other industry?
The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:
“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”
That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?
NZ research into transport industry OHS is relevant everywhere
In 2019, Victorian Premier Daniel Andrews flagged that incidents involving commercial vehicles would be reflected in workplace health and safety statistics. There has been little visible change on this pledge. Still, recently WorkSafe Victoria reviewed its work-related fatality statistics to include truck fatalities and other causes of work-related deaths for the last couple of years. Guess what, the number of deaths almost doubled for that period from 26 to 49!! What would the rate of serious injuries be if it was also reassessed?
New Zealand undertook a similar exercise a few years ago, which has led to a significant research project into that country’s transport industry and supply chains, a research project with substantial relevance to Australia and elsewhere.