OHS and the diversity, equality and inclusivity backlash

The Australian Financial Review has looked at the local Australian context of the United States opposition to continuing workplace initiatives on diversity, equality and inclusivity (DEI), The AFR contacted some Australian technology companies for their leaders’ thoughts as overseas the DEI opposition seems loudest in tech companies.  The media attention overseas has also come from the activities of some right-wing anti-woke activists. The opposition seems to deny or ignore some of the evidence for DEI contributing to company profitability, cultural strength and occupational health and safety (OHS).

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“Physician, heal thyself” – business group objections to new wage theft laws

Starting January 1, 2025, Australia will have new laws and penalties for intentional wage theft beginning January 1, 2025. The usual business lobby groups are bleating about the unfair imposition of costs and time on their members. But what about the significant impact on workers’ health, safety and dignity?

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Curious workers’ compensation claim

Recently, it was revealed that a senior leader of the Construction Forestry Mining and Energy Union (CFMEU), John Setka, has lodged a workers’ compensation claim alleging post-traumatic stress disorder related to his work. Setka (pictured above second from the left) is a controversial trade union and political figure, especially in Victoria, and anyone can lodge a worker’s compensation claim. However, the media reporting identifies some curious factors to this claim.

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Latest OHS News from Maddocks

Last week, Maddocks law firm conducted an end-of-year summary of its workplace relations issues and a forecast for 2025. Occupational health and safety (OHS) are almost inseparable from industrial relations (IR), so the overlaps between the four or five topics discussed were enlightening and provided a good contrast to the information from other law sources.

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What are the most substantial impediments to improving the health and safety of workers?

This is the second in a possible series of articles based on an artificial intelligence analysis of decades of audio interviews and recordings with occupational health and safety professionals, academics, lawyers and more used for this blog and my other writings. This time, I asked:

What are the most substantial impediments to improving the health and safety of workers?

Several substantial impediments to improving worker health and safety emerge from the conversations:

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Culture of Compliance and the Fair Work Ombudsman

On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.”

She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps more important to talk about a non-compliance culture rather than a compliance culture.

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Publicity about the right to disconnect was “overblown”

Recently, the “right to disconnect” gained some prominence in Australia. This right, now legislated, allows employees and workers to choose not to respond to employer communications outside of contracted working hours. This was part of recognising that time away from work allows one to focus on non-work matters like family, socialising, mental relaxation, and more.

According to much mainstream media and the statements and lobbying of various business associations, the sky would fall (a phrase that appears with any proposed change that business groups do not like). A significant change has not happened, and the sky has not fallen. At a recent labour law conference, Fair Work Commission President Adam Hatcher described the publicity as overblown.

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