Currently, many large Australian business groups are lobbying the federal government over its plans to introduce legislation to ensure that workers achieve the same pay rate for doing the same job as others. A feature of the full-page advertisement in the newspapers is that people should be able to receive more money or a higher rate of pay if they “work hard”. This phrase is never explained but may have implications for occupational health and safety (OHS).
Work-related harm is often generated by exploitation, but exploitation is a term rarely used by the occupational health and safety (OHS) profession. If it was, the OHS approach to harm prevention may be very different, especially now that a safe and healthy working environment is a fundamental right.
Perhaps the omission of exploitation is not that surprising. It is often seen through the lens of industrial relations, and a flexible demarcation often exists between IR and OHS. It is important to note that the International Labour Organisation’s Glossary of OSH terms also fails to include exploitation though it is from 1993.
However, a recent report from the Grattan Institute, Short-changed: How to stop the exploitation of migrant workers in Australia, does discuss workplace health and safety as an element of worker exploitation.
Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.
This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:
- “elevation of the role of health and safety representative (HSR) at the workplace
- clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”
The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.
Australian trade unions are in a difficult position on the matter of workplace mental health. New regulations require employers and, to a lesser extent, workers to act on a positive duty to prevent psychosocial harm. However, how does one achieve the necessary changes without being financially penalised?
Recently, the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), John Setka, granted The Australian newspaper’s Workplace Editor, Ewin Hannan, an exclusive interview (paywalled) in which occupational health and safety (OHS) was discussed.
Several weeks ago, Scott’s Refrigerated Logistics, a prominent Australia trucking company, entered receivership. It seems the Transport Workers’ Union (TWU), as part of a long campaign, chose to take another potshot at one of Australia’s few supermarkets, Aldi, accusing it of “pressuring supply chains” when the average profit margin in this sector has been described as an average profit margin of only 2.5 per cent. Occupational Health and Safety (OHS) in Australia’s transport industry has always been an important issue and is regularly a political football.
The union’s claims are being echoed by Senator Tony Sheldon, a former national secretary of the TWU, in Parliament.
On March 17 2023, the Australian government released the Productivity Commission’s latest 5-year Productivity Inquiry report. At well over a thousand pages, few people are going to read it to the level it deserves. Nor will I, but I have dipped into it and found a couple of important comments that relate directly to the management of occupational health and safety (OHS).
Last year the International Labour Organization (ILO) added occupational health and safety (OHS) to its Declaration on Fundamental Principles and Rights at Work. So what? I hear you cry. According to one trade union website:
“Contrary to Conventions – which are subject to ratification by individual Member States to be applicable, all Member States (187 Members) are expected to respect, promote and realize Fundamental Principles and Rights .”
This change has been a long time coming. Expect to hear a lot of discussion about this change at the 23rd World Congress in Sydney later this year, if not Ap[ril 28 and May Day. What Australia will say about this change is unknown, but it will be expected to say something.
Continue reading “OHS is now a fundamental human right. So what?”
