SkyNews and radio host, Chris Smith, has been dismissed due to inappropriate behaviour at a company Christmas party. This type of behaviour has been on the occupational health and safety (OHS) and Industrial Relations radar for a long, long time. Recently the psychological impacts of this type of behaviour have come to the fore, placing the issue clearly in the OHS realm.
It is useful to look at the Chris Smith saga through the “new” OHS perspective.
A New Work Relations Architecture is a radical book for Australia. Radical because its authors are proposing industrial relations reform, and Australia has had very little of this since Prime Minister John Howard‘s attempt with Workchoices in 2005. Radical also because it has taken inspiration from the Robens approach to occupational health and safety (OHS) laws.
The new “architecture” (thankfully, the cliche of “ecosystem” was not used) is described as:
A new Australian book has been structured around a “new work relations architecture“. Amazingly, a whole chapter is devoted to the role of occupational health and safety (OHS) in this new structure.
This chapter is written by prominent law academic Ron McCallum AO, offers a good summary of OHS laws and identifies the challenges to those laws in the near future, but its discussion is more reserved than it could be.
McCallum sticks to the suitability of the Robens model of OHS laws which McCallum describes as a type of “managed decentralism”. He highlights challenges to the laws and their operations that will be familiar to readers:
In an article on burnout in The Sydney Morning Herald and The Age on December 10 2022 (paywalled), there was a peculiar quote and some paraphrasing of Sarah McCann, chief executive of the Australian Human Resources Institute (AHRI), indicating the size of the challenges facing human resources professionals in preventing psychosocial harm in Australian workplaces.
The article is a peculiar one. It states that burnout has been categorised as an occupational risk by the World Health Organisation but then reports on psychological support organisations who are applying the concept outside of work activities. The justification for this is that the work undertaken at home or in caring for a family is unpaid work but still work, so the occupational definition applies. That’s a stretch, but it’s possible.
Australia has yet to offer a good reason for hazardous engineered stone products not being banned from import and use. On November 23 2022, Australia’s most influential construction union, the CFMEU, stated that it would ban these products from mid-2024 if the Federal Government does not. Trade unions no longer have the level of influence or numbers to achieve these sorts of bans. As with asbestos many years ago, such campaigns risk taking more credit for the potential occupational safety and health reforms than they deserve.
One of the most contentious occupational health and safety (OHS) elements of industrial relations negotiations is the issue of working hours. And one of the most effective ways to prevent physical and psychological harm is by talking about working hours. The evidence for harm from excessive and often unpaid hours is clear, but some assumptions crop up in the debate every so often.
Two recent books, one by David Graeber & David Wengrow and another by Daniel Susskind, offer reminders of these issues and are useful adjuncts to the Australian research on precarious work by Michael Quinlan, Phillip Bohle and others. ( A Guardian review of Graeber & Wengrow is available here with one from The Atlantic here, Susskind here and here)
On November 16 2022, Tony Burke, Minister for Employment and Workplace Relations, spoke at the National Press Club in Canberra. Although his portfolio has occupational health and safety (OHS), workplace health and safety was mentioned only once in passing. In this instance, that’s okay because he is trying to pass a major piece of industrial relations (IR) law. But some of his speech raised issues related to work or how businesses are managed, which do have important OHS contexts.
