law – Page 104 – SafetyAtWorkBlog

“Moral Harassment” = Workplace Bullying. France Telecom lessons

The Fra nce Telecom suicide saga has reached a conclusion with a French Court sending several of company’s former executives to jail as a result of “collective moral harassment”. This will have very little impact on the management of occupational health and safety (OHS) in Australia because of the timing and inadequate translation and context.

“Moral Harassment” is a term that is absent from the Australian OHS lexicon. One equivalent term is “mobbing” but this is also an uncommon term in Australia. Australia’s equivalent is “workplace bullying” as mentioned in research by Katherine Lippel of the University of Ottawa in 2011 (pages 1-2).

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Instead of throwing stones, build a stronger house

Stock photo of hot worker who, yes, should also be wearing long sleeves and a hat.

On 19 December 2019, the Australian Council of Trade Unions (ACTU) issued a confusing and, ostensibly, three-paragraph media release about working in heat, a hazard that has been regularly analysed by SafetyAtWorkBlog. It states:

“OHS laws which are designed to keep workers safe at work need to be updated to deal with the reality of climate change, which will mean hotter days and more bushfires, resulting in conditions which are hazardous to workers, especially those who work outside.”

Paragraph 1 – update the occupational health and safety (OHS) laws. Paragraph 3 – new regulations needed:

“… we call on the Morrison Government to act urgently to implement new regulations to protect workers from these hazards.”

So which is it – enforce the old or create new?

Negligence or Neglect

At the moment, there is a growing concern about accountability of political leaders, business executives and established institutions. In Australia’s occupational health and safety (OHS) community that has manifested in a movement to introduce Industrial Manslaughter (IM) laws aimed at negligent employers. These laws have caused some business sectors and leaders to, figuratively, shit themselves. But this fear exists largely when looking at business and OHS through a legal compliance perspective. Breaking down Negligence to a concept that many more people understand – Neglect – may help some better accept their accountability for safe and healthy workplaces.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

OHS approach to sexual harassment gets an airing

Tracey Spicer talking with Tom Ballard in December 2017

Tracey Spicer has been a very public face of the campaign against sexual harassment in Australian workplaces. She, and her campaign, has not been without controversy but recently Spicer presented a three-part documentary on the issue. In Episode 2, the viewers heard, all too briefly, from Dr Rebecca Michalak about the occupational health and safety (OHS) context of sexual harassment.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Focus on the hoops and not the holes

There is a confluence of investigations into mental health and suicides in Australia at the moment, and most of them overlap with occupational health and safety (OHS). Each of these increases the understanding of the relationship between work and mental health but no one seems to be connecting the threads into a cohesive case. This article doesn’t either, by itself, but hopefully the threads of the issues are identified through the themes of various SafetyAtWorkBlog articles.

Recently Tim Quilty of the Liberal Democratic Party addressed the issue of suicide in relation to his contribution to the debate on Industrial Manslaughter (IM) laws in the Victorian Parliament. His assertions seem a little naïve:

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Sex Work review includes many OHS matters

The Victorian Government has announced a review of the regulations pertaining to sex work. It will include several areas related to occupational health and safety (OHS):

Workplace safety including health and safety issues and stigma and discrimination against sex workers
Regulatory requirements for operators of commercial sex work businesses
And the safety and wellbeing of sex workers, including the experience of violence that arises in the course of sex work and as a consequence of it, and worker advocacy for safety and wellbeing

Consumer Affairs has carriage of the Sex Work laws but the breadth of the review would have been better served if the announcement had been a joint one with the Minister for Workplace Safety and Minister for Health.

This review should offer a real challenge to Victoria’s OHS laws, the OHS profession, consultants, advocates and critics.

Do workers have a real choice about their safety?

I apologise for spending so much time recently writing about Industrial Manslaughter (IM) laws, but the discussion of these laws is illustrating many of the interpretations of occupational health and safety (OHS) laws and management. For instance, the recent IM debate in Victoria has repeatedly mentioned the need to apply IM laws to the acts and decisions of employees, as if employees have an unfettered choice to put their safety before the wishes of their employer – a nonsensical myth.

On November 26 2019 in Victoria’s Parliament Rod Barton MP of the Transport Matters Party acknowledged that the IM laws may focus the employer’s attention on ensuring truck drivers do not work while fatigued (an obligation already required by the OHS Act). He then said:

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Category: law

“Moral Harassment” = Workplace Bullying. France Telecom lessons

Like this:

Instead of throwing stones, build a stronger house

Like this:

Negligence or Neglect

Like this:

OHS approach to sexual harassment gets an airing

Like this:

Focus on the hoops and not the holes

Like this:

Sex Work review includes many OHS matters

Like this:

Do workers have a real choice about their safety?

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: