justice – SafetyAtWorkBlog

Myth Construction and the Limits of Union OHS Influence

Australian trade unions rarely campaign solely on the basis of occupational health and safety (OHS), meaning without supplementary aims such as increased wages or remuneration. Below are some examples, but they are few and usually in the wake of an industrial disaster. There are a couple of prominent union OHS campaigners, but we rarely hear of them after their passing, and many of their contributions are remembered more through internal mythologising than through documented reform.

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Trade Unions, Culture, OHS and Fishing

One of the most important resources for occupational health and safety (OHS) advocates worldwide is the HESAMag, produced by the European Trade Union Institute (ETUI). There are several important articles in the current issue, including an interview with Giulio Romani, the Confederal Secretary of the European Trade Union Confederation.

One of his areas of concern is the challenges faced in OHS advocacy, an issue that may be better resolved with some out-of-the-box creative thinking. He said:

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The 1970s Never Ended for Some Employers

For the last few years in Australia, occupational health and safety (OHS) laws have required that the prevention of psychosocial hazards be given the same prominence as the prevention of physical hazards. The most effective recommendation for change is the redesign of work, but very few employers seem to be applying this control. Many employers are still asking (their Human Resources officer) what this psychosocial stuff is all about.

Examining organisational culture at one Australian institution that failed to prevent and may have generated psychological harm in the 1970s provides some context for contemporary OHS struggles.

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What We Lose When NDAs Win

Non-disclosure agreements (NDAs) are a contentious device used by lawyers, often as part of the settlement of a legal dispute. These came to the fore in the context of sexual harassment several years ago. The Victorian government has proposed a bill to Parliament that, according to the Australian Financial Review (AFR), will increase transparency. This should assist in determining changes to work processes that are as low as is reasonably practicable.

NDAs have been an insidious tool, especially in relation to sexual harassment at work.

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OHS Lessons from the Antoinette Lattouf Case

Just before Christmas in 2023, Antoinette Lattouf was taken off-air by the Australian Broadcasting Corporation halfway through her five-day contract as a radio fill-in. It sparked an acrimonious unfair dismissal dispute. Last week the Australian Labour Law Association held a webinar on the case which touched on the occupational health and safety (OHS) perspective.

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Reform or Reframe? NSW’s WHS Laws Tackle Liability, Not Prevention

The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.

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Sexual Harassment Laws Have Teeth—So Why Aren’t They Biting?

In November 2022, then-Sex Discrimination Commissioner Kate Jenkins explained why sexual harassment in Australian workplaces continues to happen. Basically, she said this was because the sex discrimination laws were reactive to a worker complaint and placed no duty on employers to prevent these types of incidents. But there is more to it than that, and the recent imposition of a positive duty under sex discrimination laws is still not preventing work-related harm.

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