law – Page 68 – SafetyAtWorkBlog

COVID19 controls for sex work safety

Thinking about the occupational health and safety (OHS) issues of sex work is fascinating and, to some, titillating. But work is work and the OHS issues are just as real in a room in a brothel as in any other workplace. The workplace hazards presented by COVID19 to the Australian sex industry have been identified and addressed in some excellent OHS advice from Scarlet Alliance.

Sex workers need to screen clients already for visible signs of sexually transmitted diseases so personal questions about health and infections is already part of the customer relations. (There are also requirements for customers to shower or wash prior to services) The questions asked in relation to COVID19 are the same as asked elsewhere:

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Victoria’s Workplace Manslaughter laws are a misdirection

On July 1, 2020, Victoria receives the Workplace Manslaughter laws that it missed out on by a bee’s whatsit in 2002. Premier Daniel Andrews will complete another election pledge and will be seen as a champion for Victoria’s workers. The Workplace Manslaughter laws will provide some bereaved relatives with comfort and a belief that bad employers will be punished for neglecting their occupational health and safety (OHS) duties to provide safe and healthy work environments. Punishment is possible, but unlikely.

The first thing that Victorians need to understand is that Workplace Manslaughter laws are not about OHS, they are about politics. It is no coincidence that both Queensland and Victoria’s Workplace Manslaughter laws emerged during election campaigns. Both branches of the Australian Labor Party (ALP) needed to say something about workplace relations that did not involve the hotbed of industrial relations, especially when so much IR change would bring in National politics.

OHS allows people to talk about IR without the trade union politics. OHS is not about money, it is about quality of life and who, in politics or elsewhere, will say that deaths at work are an acceptable consequence? The ALP leaders were on a winner and were able to take some moral high ground and criticise business groups on an issue against which business leaders could not argue.

To understand Industrial Manslaughter, look at the politics

On May 20, 2020 Industrial Manslaughter became an offence applicable to Queensland’s mining and resources sector, sometime after the offence was applied to all other Queensland businesses. Industrial Manslaughter (IM) laws have always been as much about politics as they are about penalties, deterrence and occupational health and safety (OHS).

Some of the politics is shown by the responses from Queensland business groups (sounding like spoken through gritted teeth) but to really understand these laws, it is worth looking at the Second Reading of the omnibus Bill that included the IM amendments as politicians in several other Australian jurisdictions will face the same issues. It is also useful for OHS people to understand the political and legislative context of the penalties their employers may face.

Also, in the last week of May 2020, the first company to be successfully prosecuted under the IM laws will be sentenced, Brisbane Auto Recycling. The company’s two directors have pleaded guilty to reckless conduct and will also be sentenced.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

WorkSafe and Industrial Manslaughter webinar

On May 19, 2020, WorkSafe Victoria conducted an interactive webinar on Workplace Manslaughter laws due to be in place from July 1, 2020. The webinar was very good for those who are coming to the issue anew as the level of interaction was excellent. But the webinar also broadened beyond its topic, which was disappointing. At 90 minutes the event was too long, but revised versions of this consultation with the community should be scheduled regularly, even when physical distancing rules end.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Tooma on Mental Health – Review

Michael Tooma is probably the most prominent occupational health and safety (OHS) lawyer in Australia. His latest book is, a little pretentiously, called “Michael Tooma on Mental Health“, but it fits with the series of OHS-related publications he has written for Wolters Kluwer. Unusually for a lawyer, there are only two chapters that specifically discuss legislative obligations, and, in many ways, these are the least interesting.

Positive Mental Health

In the Introduction, Tooma goes out of his way to stress the positive benefits of work. He is critical of the current OHS approach to workplace stress writing that we seek a “Goldilocks” application of perfection when this is really subjectively determined by each worker. Tooma challenges this in a major way through the 2012 study by Keller and others:

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Work that is meaningful, secure and safe

Occupational health and safety (OHS) is integral to how work and job should be designed in the post-COVID19 world, but you wouldn’t know it from the current discussions in the media. On May 13, 2020, the day after a major economic statement from Treasurer Josh Frydenberg, Jennifer Westacott, Chief Executive of the Business Council of Australia, told ABC Radio that:

“…. there’s some pretty sobering numbers that the Treasurer gave yesterday and fundamentally I think we’ve all got to come back to basics here. This is about people’s lives and so what we have to do, as the kind of leadership dynamic, is to focus on getting people back to work and getting them into secure and meaningful work.
emphasis added

It is not unreasonable to add safety to that “secure and meaningful work”.

OHS fits into this phrase in many ways, but one of particular note is job security and its links to mental health, especially as mental health has been a policy priority repeatedly identified by Prime Minister, Scott Morrison, and others.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

If staff are “going to hit the wall”, redesign the wall

On May 11 2020, the Australian Financial Review’s back page ran an article (paywalled)about how “corporates” are becoming aware of mental health risks due to the COVID19 disruption. It is a good article but also one that reveals the dominant misunderstanding about mental health at work and how to prevent it.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Category: law

COVID19 controls for sex work safety

Like this:

Victoria’s Workplace Manslaughter laws are a misdirection

Like this:

To understand Industrial Manslaughter, look at the politics

Like this:

WorkSafe and Industrial Manslaughter webinar

Like this:

Tooma on Mental Health – Review

Like this:

Work that is meaningful, secure and safe

Like this:

If staff are “going to hit the wall”, redesign the wall

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: