law – Page 10 – SafetyAtWorkBlog

Different OHS messages to different audiences

Last week, WorkSafe Victoria held its annual Business Leaders’ Breakfast. The keynote speaker was Karen Maher, who spoke about the need for an effective and respectful workplace culture that would foster a healthy psychosocial environment. Her presentation would have been familiar to many of the occupational health and safety (OHS) and WorkSafe personnel in the audience, but it may have been revolutionary for any business leaders. Maher outlined the need for change but not necessarily how to change or the barriers to change.

The event did provide a useful Q&A session and afforded the new WorkSafe Victoria CEO, Joe Calafiore, his second public speaking event in a week.

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The Spiritualism of HR

“Trust us” is one of the riskiest phrases anyone can use. It may be even riskier to accept it. In workplaces, it is often the start of a relationship, but it can also be the start of betrayal. Part of the risk in starting any new job is that new employees must accept their introductions in good faith, and most introductions are handled by the Human Resources department but is that faith misplaced? Recently, one socialist journal from the United States (yes, the US has a socialist sub-culture …. for the moment), Jacobin, included an article about HR in its religion-themed edition (paywalled).

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UK’s fit note initiative is a short-term attempt at a fix

On April 19 2024, United Kingdom’s Prime Minister Rishi Sunak made a major speech about welfare reform and mental health. The UK has a strong tradition of public health support through its National Health Service, which always seems to be underfunded and under-resourced but holds huge cultural and medical significance in the community. Mental ill-health has increased enormously over the last decade, as it has in countries like Australia, which is currently undergoing significant industrial relations reforms. However, what is missing from the PM’s speech and some of the subsequent analysis is that work is controlled by employers, so what does PM Sunak expect employers to do to help?

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The fluctuating grey zone of compliance

The occupational health and safety (OHS) profession operates within the legislative context of “so far as is reasonably practicable“, that band of compliance, that non-prescriptive, performance-based flexibility offered to employers to encourage them to provide safe and healthy workplaces. It could be said that OHS was easier forty years ago because the compliance band was thinner, and in some cases, compliance was determined by specialist OHS inspectors on the day of the visit.

Today, that compliance band fluctuates and can be affected by community values and expectations, as shown in a recent discussion about sexual harassment at Australia’s Fair Work Commission.

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Don’t be a slouch on workstation ergonomics

Office ergonomics is one of the most misunderstood and misrepresented areas of occupational health and safety (OHS). The issue of posture was discussed in an article in the New Yorker on April 15, 2024, based on a new book – “Slouch: Posture Panic in Modern America” by Beth Linker. Rebecca Mead writes that Linker analyses a time when:

“… at the onset of the twentieth century the United States became gripped by what she characterizes as a poor-posture epidemic: a widespread social contagion of slumping that could, it was feared, have deleterious effects not just upon individual health but also upon the body politic. Sitting up straight would help remedy all kinds of failings, physical and moral, and Linker traces the history of this concern: from the exchanges of nineteenth-century scientists, who first identified the possible ancestral causes of contemporary back pain, to the late-twentieth-century popularity of the Alexander Technique, Pilates, and hatha yoga.”
links added

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An economics perspective on overwork

As Ingrid Robeyns’ Limitarianism book hits the Australian bookshops, an earlier examination of the role of excessive profits of “affluenza” from 2005 is worth considering. How does this relate to occupational health and safety (OHS)? The prevention of harm and the reduction of risk are determined by employers deciding on what they are prepared to spend on their workers’ safety, health, and welfare. Employers are looking desperately for effective ways to meet their new psychosocial harm prevention duties. Economists identified strategies in 2005.

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OHS needs to create discomfort

Occupational health and safety (OHS) decision-making by employers is dominated by reasonably practicable safety and health decisions. OHS advice is similarly dominated, leading to an industry that is cowed by the need for job security and tenure. OHS teaching in tertiary institutions is also influenced, if not dominated, by what is seen as (right-wing) “business realities”.

OHS is a small part of the university curriculum. In some universities, OHS education is missing entirely. The OHS discipline is not seen as important or marketable or an important source of revenue. A new book about universities in the United States in the 1960s and 1970s may help us understand the reasons for this.

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