law – SafetyAtWorkBlog

We know how to prevent burnout but we have little desire to change

Probono Australia is reporting that employee burnout is on the rise. Burnout is increasingly being used as an alternative term for mental ill-health or stress at work. The report on which the writer based their article is not surprising, but the recommendations are. The subheading for the article is:

““Structural and cultural shifts, not wellness initiatives, are needed to address the chronic workplace stress of burnout.”

But the article also pulls together other workplace mental health factors:

“The rise of digitisation has brought with it a need to ‘always be on’ and, with that, employee work-life balance has become harder to maintain. It was this type of ‘24/7 access to employees’ thinking, the study found, that led to burnout.”

Australia’s Prime Minister shows his ineffectiveness on OHS and COVID

Pragmatism was a theme of yesterday’s blog article. On January 19 2022, Prime Minister, Scott Morrison, showed political pragmatism in his press conference. His comments could create more discomfort between State and Federal jurisdiction and more occupational health and safety (OHS) confusion for business owners and employers.

Where do you see yourself in five years’ time?

Occupational health and safety (OHS) laws continue to be relevant even when operating in a time of a highly infectious pandemic, but they are increasingly sidelined.

At the moment there are labour shortages in Australia because of the large number of workers infected, and affected, by the Omicron variant of COVID-19; a shortage exacerbated by the varying isolation and testing regimes applied by the Federal and State governments. It is a bit of a mess.

It is worth reminding ourselves that employers have a duty to proved a safe and healthy work environment with the support of employees. Employees are obliged to not allow hazards to be brought to work. At the moment, some employees are being encouraged or required to return to work if they are showing no COVID-19 symptoms; if they are asymptomatic. But everyone knows from experience and official advice over the last two years that asymptomatic people can continue to be infectious. Requiring workers to return to work, as seemed to be happening at one South Australian worksite, while still potentially infectious seems contrary to both the employer’s and employee’s OHS obligations.

Why is the world “enthusiastic” for regulations?

Unsurprising from a global business magazine, The Economist’s special report on January 15 2002 (paywalled*) bemoaned the new “enthusiasm for regulation”. It clearly includes occupational health and safety (OHS) laws and Australia in its consideration but stops short of asking why this new enthusiasm exists.

Many regulations, especially in OHS, are proposed and introduced to address a wrong or misbehaviour or a new hazard. A major catalyst for Lord Robens‘ OHS laws in the 1970s stemmed from industrial deaths, especially those of the public. The pattern of deaths as a catalyst for change continues today with the Industrial Manslaughter laws, for instance. Another catalyst is new cultural sensitivities; what was tolerated previously is no longer acceptable.

The workplace bullying changes late last century in Australia is a good example, but this also ties in with unacceptable levels of harm. Bullying was often part of the initiation to work and seemed acceptable until workers were severely injured and traumatised, and people found out about it.

Danger Money corrupts OHS

The traditional manner for employers to get unsavoury or hazardous work tasks done is to offer more money. This is referred to as Danger Money in some countries and Hazard Pay in others. There has been a resurgence in Danger Money during the COVID-19 pandemic, offered by some employers and requested by some workers and unions. This negotiation is a collaborative avoidance of both groups’ occupational health and safety (OHS) obligations and should be opposed vigorously by OHS associations and advocates.

Poor OHS consultation creates COVID disputes

One of the first Australian companies to mandate COVID-19 vaccinations, SPC, was back in the newspapers today concerning booster shots. SPC’s Chairman, Hussein Rifai, said he will not be making boosters compulsory:

“After rolling out a full vaccination policy in August, Rifai’s SPC workers have already beaten him to the third dose.
“We’re just not seeing a need for it,” Rifai says of mandating boosters. “Everybody is just going out and doing it.””
The Australian, Janury 5 2022

The primary objection to mandatory vaccinations was insufficient consultation with workers on what was fundamentally an occupational health and safety (OHS) matter.

Industrial Manslaughter and Australian Standards

Earlier this month, SAI Global issued a media release headlined

“1 in 2 organisations don’t meet State industrial manslaughter laws, new executive survey finds – Plus, seven tips for executives to prepare their organisation to meet the laws”

This was based on internal research compiled in their “2021 Australian Business
Assurance Report” (not publicly available). SAI Global’s headline findings from the report are

“45% of executives not confident their organisations meet industrial manslaughter laws
Senior leaders do not have OHS responsibilities in 33% of organisations
Businesses will put 62% more budget, resources and people toward OHS”

There were several odd statements in the report about which SafetyAtWorkBlog sought clarification, particularly about Industrial Manslaughter. SAI Global’s workplace safety expert Saeid Nikdel responded.

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