Category: law

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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All quiet in SA, for now

South Australia (SA) goes to an election in March 2022, so it is a good time to examine any occupational health and safety (OHS) policies.

As per usual, the policies of the incumbent Liberal Party government are vague on broad themes like worker safety but can include specific pledges – new roads, better electricity system, for instance. These activities need workers, and Victoria’s infrastructure strategy, its “Big Build“, has performed politically well for Victoria’s Premier Dan Andrews.

The SA branch of the Australian Labor Party has a document of their current policies, and here are some of those related to workplace health and safety:

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A mouse that is trying to roar

Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.

On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Speaking truth to power

Last week two young women, Grace Tame and Brittany Higgins, made speeches at the National Press Club about the sexual abuse of minors and an alleged sexual assault in Parl ment House, respectively, and the social changes required to prevent both risks. Both spoke about the need to prevent these abuses and assaults. OHS needs to understand and, in some ways, confront what is meant by preventing harm. The words of Tame and Higgins help with that need.

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New Perspectives in OHS

Yesterday the Central Safety Group (CSG) invited me to talk at its monthly lunchtime seminar. The topic was New Perspectives on OHS. These perspectives are likely to be familiar to subscribers of this blog but were intended to be provocative and foster reflection and discussion. Below is a substantially edited version.

Thanks for inviting me to be the first speaker in CSG’s 60th anniversary year. The Central Safety Group has been an important part of my OHS journey since the very start in the early 1990s. It is a remarkable achievement for the Group and, as a Life Member, I am very proud of my association with it.

OHS can become very insular. It can become too focussed on issues within a single industry, a single worksite or a discipline. This insularity can lead to OHS reaching seemingly operational dead ends, such as “this is the way it is” or what is “reasonably practicable are”. We may seek continuous improvement, but our employers and clients often see “reasonably practicable” as the endpoint of activity. It can become their comfort point of compliance.

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