The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.
The closer the RTD laws come to reality, the more useless they appear.
In many Australian businesses, “program is king”. Deadlines must be met, whatever the circumstances. Occupational health and safety (OHS) advisers often bristle at this reality because they know that health and safety will be sacrificed to meet those deadlines. If this reality is to be changed, it is necessary to pay more attention to economics and its influence on the decision-making of business owners, and not just on the OHS effects of those decisions.
In Sociology: A Very Short Introduction Steve Bruce says:
“Most disciplines can be described by the focus of their attention or by their basic assumptions: we could say that economists study the economy or that they assume that a fundamental principle of human behaviour is the desire to “maximise utility”. If we can buy an identical product in two shops at two different prices, we will buy the cheaper one. From that simple assumption an increasingly complex web is spun.”
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The Victorian government has released the final report of the Legislative Council Economy and Infrastructure Committee’s inquiry into the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill. Many readers will already be asleep after that sentence. Forgive me, it is accurate, but is the report of any use? It certainly progresses the debate on psychosocial regulations.
Denise Zumpe is an Australian occupational health and safety (OHS) professional who focuses on workplace health and safety matters in the transport sector. Below is a letter that she intended to send to The Age and writer Esther Linder outlining some inaccuracies in an Australian Associated Press article (paywalled) concerning the jailing of Cris Large, a court case discussed in an earlier SafetyAtWorkBlog article.
“A former transport executive has been jailed for up to three years for his reckless workplace behaviour in the lead-up to a crash that killed four police officers on Melbourne’s Eastern Freeway.”
The AAP article appeared in a number of Australian media. An amended version appeared on ABC News.
This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.
This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:
Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.
Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.
It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.
The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of
“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”
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