law – Page 68 – SafetyAtWorkBlog

Mandatory vaccinations without making vaccinations mandatory

In a little over a month, the Australian conversation about mandatory vaccinations at work has changed dramatically. In early August, food processing company SPC was treated suspiciously over its requirements for its workers, customers, and contractors to be vaccinated against COVID-19. Recently, the New South Wales Premier, Glady Berejiklian, required vaccinations for workers to move outside of certain residential locations. And today, the Victorian Health Minister, Martin Foley, has all but made vaccinations mandatory for the construction industry.

As Berejiklian has shown, you don’t need to impose mandatory vaccinations to make vaccinations mandatory.

“Too little, too late” but potential in primary prevention

On Australia’s Women’s Safety Summit, Wendy Tuohy contemplated, in The Age, after the first day;

“It may turn out to be too little, too late, but if there’s real commitment behind Morrison’s lines, we could conclude it’s a start.”

There are few signs of Prime Minister Scott Morrison’s commitment. Women will continue to work in companies and workplaces where they are at risk of psychological harm from sexual harassment and physical harm from sexual assault. Occupational health and safety (OHS) laws offer a harm prevention option that nobody seems keen to consider.

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Image reuse resolved, sort of

It has taken several months to obtain some clarity from the Copyright Agency about WorkSafe’s reuse of an image of mine in one of their email broadcasts without my knowledge.

This week the Copyright Agency advised:

“The Government Statutory Licence, in particular that under s.183 of the Act, allows the Government (Commonwealth and State/Territory Governments) to use copyright for government purposes but they must come to terms with the rightsholder or (for government copies i.e. reproduction) the declared collecting society. It seems that the use of your image by WorkSafe Victoria in the manner you describe likely falls within the uses allowed under s.183.

Revelations for wellness providers and workers

The Australian Financial Review (AFR) is Australia’s national newspaper on business issues. Recently its Editor Michael Stutchbury stated that he purposely focussed the newspaper on being business-friendly. This is understandable as businesses and employers, and entrepreneurs are the paper’s subscriber base and market, but sometimes articles can be too business friendly, and a recent article on burnout and the four-day-week may be an example. Thankfully the AFR article also included a brief mention of a more useful global survey about work in a time of pandemic.

The article, called “Pandemic burnout ignites argument for shorter workweek” (paywalled) included these quotes from a regular AFR contributor Reanna Browne on the possible mental health benefits of a four-day week:

“COVID has intensified these [mental health] issues and also given rise to new forms of workplace exhaustion such as wide-scale increases in working hours, alongside novel health challenges like digital load management and Zoom fatigue…”

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OHS progress needs out of the box thinking

It is generally understood that the attempt to harmonise Australia’s occupational health and safety (OHS) laws failed to achieve the level of change and integration expected. The laws are more harmonised than they were but each jurisdiction claimed special needs and so multiple jurisdictions continue to exist with their own laws and one State, Victoria, is still giving the bird to the rest through poorly justified arguments and pigheadedness. This unwillingness to even consider change, outside of established parameters, is a major impediment to the development of safe workplaces and work practices.

For example, Australia still desires nationally consistent OHS laws as this exchange between Deborah Knight, of radio station 2GB and the CEO of the Business Council of Australia, Jennifer Westacott, shows:

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Can the sex industry be the same as any other industry?

The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:

“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”

That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?

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Attendee list of IR Minister’s business roundtable

Last week, Australian business and union representatives failed to gain the additional support on COVID-19 issues they wanted from the Federal Government during their meeting with the Industrial Relations Minister, Michaelia Cash. The Minister’s media release of the event seems to indicate business as usual.

One piece of information that has not been released before is a list of the organisations that attended. That list, published below and in no particular order, shows the attendees but, perhaps more interesting is those who were not invited.

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Category: law

Mandatory vaccinations without making vaccinations mandatory

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“Too little, too late” but potential in primary prevention

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Revelations for wellness providers and workers

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OHS progress needs out of the box thinking

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Can the sex industry be the same as any other industry?

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Attendee list of IR Minister’s business roundtable

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