industrial relations – SafetyAtWorkBlog

Off-centre perspectives can offer great potential

The Australian government has failed to follow through on its early promises to provide a framework for employers to prevent and reduce sexual harassment in their workplaces. This failure is being interpreted as revealing something about employers’ attitudes to occupational health and safety (OHS) and their own legislative duties.

Employers (and other groups on non-OHS issues) who look to the government for guidance on issues that already have legislative requirements are looking to avoid the social and legal obligations that have usually existed for years. Sexual harassment is an excellent example of a workplace matter getting some serious attention regardless of the government’s inaction. A recent podcast by Maddocks lawyers Catherine Dunlop and Tamsin Webster is part of that attention.

Attendee list of IR Minister’s business roundtable

Last week, Australian business and union representatives failed to gain the additional support on COVID-19 issues they wanted from the Federal Government during their meeting with the Industrial Relations Minister, Michaelia Cash. The Minister’s media release of the event seems to indicate business as usual.

One piece of information that has not been released before is a list of the organisations that attended. That list, published below and in no particular order, shows the attendees but, perhaps more interesting is those who were not invited.

Steve Bell outlines the challenges for the OHS profession and Regulators

Almost every year, for a couple of decades, Herbert Smith Freehills (HSF) and the Australian Institute of Health and Safety (AIHS) have conducted a breakfast seminar to “launch” the year. That schedule has been cocked up by COVID-19, but the events continue.

The August 2021 breakfast featured several of the usual speakers but with the omission of the Minister for Workplace Safety or a senior representative of Worksafe Victoria. As a result, the event dragged a little. Most of the information was useful, but the event lacked the spark it often has. Perhaps this was the online format, perhaps the mix of speakers, perhaps the 90-minute length.

Does the tail wag the dog or vice versa?

Trade union opposition to mandatory vaccinations against the Covid-19 virus continues, primarily because they feel left out of the conversation at SPC. However, the support for at least not dismissing mandatory vaccinations is growing.

In The Australian on August 18 2021, the lawyer advising SPC on its vaccination policy, Joel Zyngier of Gilchrist Connell, said

“Twelve months ago we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Six months ago, we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Now it’s a reasonably practicable step and so it’s something that employers must consider as part of their occupational health and safety or work health and safety duties,”

Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here’s when they can

[Editor: this article has been reproduced from The Conversation’s website under the Creative Commons licence.]

Joo-Cheong Tham, The University of Melbourne

Australia’s official policy on vaccines is that they be voluntary and free. But the federal government hasn’t shut the door completely on employers pursuing mandatory policies of their own.

Last week the federal government reiterated it won’t use its powers to give employers a free hand to mandate vaccines. Yet Prime Minister Scott Morrison also said:

Decisions to require COVID-19 vaccinations for employees will be a matter for individual business, taking into account their particular circumstances and their obligations under safety, anti-discrimination and privacy laws.

So far just two Australian companies — regional air carrier Alliance Airlines and canning company SPC — have declared they will make a COVID-19 vaccination mandatory for their workers.

The reason so few have declared such intentions is because the law isn’t on the employer’s side. There are only limited circumstances where workplace vaccine mandates are likely to be found lawful.

Business is getting some clarity on COVID-19 vaccines and a reminder to act

On August 12 2021, the Chair of Safe Work Australia, Diane Smith-Gander entered the fray over making COVID-19 vaccinations mandatory in an article in The Age. Later that day, in the absence of any clear guidance on the issue from the Federal Government, The Age reported that the Fair Work Ombudsman will be providing guidance on 4 tiers of workplaces relevant to assessing COVID-19 exposure risks.

The combinations of advice from these sources, greatly clarify what businesses can do to improve the safety of their workers and customers. The reticence to take reasonable occupational health and safety (OHS) steps by business groups will remain but the clarity they have been requesting will soon be available.

To boldly go where no Australian company has gone before

The response to SPC’s decision to mandate COVID-19 vaccinations for its workers, contractors and visitors illustrates a common misunderstanding of occupational health and safety (OHS) management, poor OHS literacy and some industrial and media rent-seeking.

On ABC Radio’s PM program in early August 2021, the main objection of Andrew Dettmer of the Australian Manufacturing Workers Union was insufficient consultation prior to SPC’s decision. (Really?! What about the validity of the company’s OHS decision?) Dettmer said:

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