law – Page 42 – SafetyAtWorkBlog

Notifiable psych injuries may be what’s needed

Recently the Victorian Government proposed six-monthly reports on psychologically hazardous incidents from employers to the OHS regulator, WorkSafe. The aim is to improve the pool of data available to the government in order to tailor harm prevention and reduction initiatives and a red tape campaign from employers is expected. These incident summaries are not the same as reporting a Notifiable Incident to WorkSafe but the notifiable incidents categories are overdue for a review and, maybe, an expansion.

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Venus and Mars = HR and OHS but doesn’t have to

Twenty years ago, John Gray published a bestseller that discussed the binary split between Men and Women, a division that was allowed to reflect humanity’s biology and social constructs until very recently. Since the publication of “Men Are from Mars, Women Are from Venus”, our understanding of gender has almost been revolutionised from the reality of two sexes and genders to a spectrum of varieties, but our institutions and disciplines have not. Our socioeconomic structures are not so flexible, and it may take many decades to reach a consensus on sex and gender, if not equality.

Workplace relations is similarly slow to adapt to change mainly because it fails to have its own structure, instead piggybacking on business activity. Business has developed primarily from the male perspective to benefit men much more than women directly. Business reflects the gender roles of men and women both in job activities and power. The workplace relations subsets of Human Resources (HR) and Occupational Health and Safety (OHS) also reflect these binary practices and perhaps have the strongest long-term potential on the future of work.

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What does the IPCC report on climate change say about work?

Global warming will affect the way we work. This was acknowledged in the most recent report from the International Panel on Climate Change. The 3,676-page report cited several research papers related to these changes. Below is a list of those papers and comments on the abstracts, where available.

Vanos, J., D. J. Vecellio and T. Kjellstrom, 2019: Workplace heat exposure, health protection, and economic impacts: A case study in Canada. Am. J. Ind. Med., 62(12), 1024-1037, doi:10.1002/ajim.22966. https://pubmed.ncbi.nlm.nih.gov/30912193/

This abstract recommends “Providing worksite heat metrics to the employees aids in appropriate decision making and health protection.” This research adds to one’s state of knowledge but may not help with which on-the-ground decisions need to be made.

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What is a psychological incident?

The Regulatory Impact Statement (RIS) for Victoria’s draft Psychological Health Regulation does not seem to define what is meant by a psychosocial incident. (If I have missed it, please include a reference in the comments section below) In trying to establish a workplace mental health demographic, the RIS states that:

“As there is currently no legislative reporting requirements for psychosocial incidents, voluntary calls received by WorkSafe’s advisory service have been used as a proxy to estimate the prevalence of psychosocial incidents in the workplace.”
page 34

It is a pretty fluffy determination that the RIS accepts, further illustrating the need for additional data. The advisory service figures record 80% of psychosocial calls relate to bullying.

Is red tape justified?

One of the interesting features of the Psychological Health regulations proposed by the Victorian Government last month is the requirement for employers to provide regular six-monthly reports on psychological incidents.

The Regulatory Impact Statement (RIS) states that:

“…the proposed regulatory amendments will require employers to keep written records of prevention plans for prescribed psychosocial hazards and impose reporting requirements on medium and large employers.”
page 9

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Will workplace psychological regulations work?

Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.

These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.

This is the first of a series of articles on psychological health and the proposed regulations over the next few days.

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Is work health and safety “woke”?

Occupational health and safety (OHS) has always been progressive in that its purpose is to prevent harm to workers and people. It has lost its way sometimes and its effectiveness diluted at other times, but its core purpose has remained. At the moment, there is an ideological, political and cultural resistance to progressive structures and ideas that is often criticised as being “woke”. Woke has an evolving meaning, but it seems to mean well-intended but ineffective.

Recently Australian academic Carl Rhodes examined “woke capitalism” in a new book. Refreshingly Rhodes provides an analysis of woke capitalism rather than a rabid critique. OHS is not the focus of this book (when is it ever?), but his research and perspectives are relevant to how OHS is practiced and the level of influence we believe it deserves.

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Category: law

Notifiable psych injuries may be what’s needed

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Venus and Mars = HR and OHS but doesn’t have to

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What does the IPCC report on climate change say about work?

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What is a psychological incident?

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Is red tape justified?

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Will workplace psychological regulations work?

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Is work health and safety “woke”?

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