Now there is too much mental health information, and it’s like toothpaste

Australia is experiencing a boom in occupational health and safety (OHS) information about work-related psychological harm, including sexual harassment at work. This level of information is long overdue, but a consequence of this “boom” is that employers can be very confused about which information to use and which source they should trust or even what relates to their specific circumstances, especially after years of denying there is a problem.

Putting on my consultant hat, I would advise any State-based organisation to comply with the OHS guidances issued by that State’s OHS regulator. If a national company, look towards the guidance of Comcare or Safe Work Australia for the national perspective. The challenge is greater for companies that operate in multiple States, but these have been rumoured to be less than 10% of Australian businesses. If multi-State, they should be big enough to have the resources for OHS compliance.

However, some State-based mental initiatives have evolved into a national platform.

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Is WorkSafe jumping the gun?

In mid-February 2021, WorkSafe Victoria issued a media release informing the community that it has charged a contractor following a worker’s death at a residential building site in Ballarat. Informing the community in such an early stage of a prosecution raises the issue of fairness and, according to one prominent occupational health and safety (OHS) lawyer, appears a little “unseemly”.

The revelation of legal action in any area of enforcement is tricky, with each case raising unique combinations of concern. Does the accused know of the prosecution? And before anyone else is told? Is the revelation in the public interest? Does it taint any future hearing or court appearance? Does it affect the chance of a successful prosecution or a successful defence? All of these are valid questions that need asking and answering in each case. Worksafe would surely have considered these matters before the February 2021 media release, but let’s look at the release in a different context.

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Business continuity planning by another name

Occupational health and safety (OHS) gets a mention in a full-page advertorial in the Australian Financial Review (AFR) (February 3 2021, page 33) revolving around the legal and business services of Clyde & Co. The advertorial contains a good example of the contemporary business jargon such as “organisational resilience” – a concept that has come to the fore during the COVID-19 pandemic.

“Organisational resilience” has several definitions but here is one used by the British Standards Institution:

“….the ability of an organization to anticipate, prepare for, respond and adapt to incremental change and sudden disruptions in order to survive and prosper.”

This has very strong similarities to the much longer-established concepts of “business continuity” or sustainability within which OHS has dabbled for decades.

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Biden reverses Trump’s position on workplace safety

It is fair to say that the term of office for President Trump was not supportive of occupational health and safety (OHS). Former President Trump did not seem to see the need for OHS regulations and his attitude to the COVID-19 pandemic meant that it would never be considered as an occupational disease. Reports over the last week in the United States media, and the issuing of an Executive Order, indicate that new President Biden values workplace health and safety.

The New York Times (paywalled) is reporting that

“President Biden directed the Occupational Safety and Health Administration [OSHA] on Thursday to release new guidance to employers on protecting workers from Covid-19.
In one of 10 executive orders that he signed Thursday, the president asked the agency to step up enforcement of existing rules to help stop the spread of the coronavirus in the workplace and to explore issuing a new rule requiring employers to take additional precautions.”

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Lindstrom, Common Sense and OHS

I found Martin Lindstrom’s latest book, The Ministry of Common Sense, very funny, then anger replaced funny and I had to put down the book and come back to it later. The book is excellent but all the examples of corporate nonsense that Lindstrom provides can be overwhelming. It also contains dozens of examples that are very close to my own experience and, in many cases, nonsense that I have created or supported when advising clients about occupational health and safety (OHS). SafetyAtWorkBlog asked Lindstrom about how Common Sense fits with OHS.

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You cannot have a future of work without a past

It seems like every other day there is an article online or in the press about the “future of work”. One I noted this morning is a two-minute video posted by Human Tech. The odd thing is that the future the speaker, Blake McGowan, discusses is very familiar, but is more about the past and the present than the future and it is very difficult to progress if you don’t acknowledge the history.

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Mandatory COVID19 vaccinations? Yep.

Each Monday in January 2021, workers are returning to workplaces, worksites, and offices, often with regret that the Christmas/New Year break was not long enough. This year their return is complicated by concerns about COVID19.

The major talking point, at least in Australia, is “can an employer force a worker to be vaccinated as a condition of returning to work?” and the answer seems to be “Yes”.

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