Category: state of knowledge

OHS is “… more what you’d call ‘guidelines’ than actual rules.”

Occupational health and safety (OHS) may not be a common subject in the mainstream media but there is plenty of political discussion on the topic in Australia’s Parliament.

The current (conservative) federal government seems very slow to accept and respond to recommendations from official inquiries that it sees as a secondary political priority, such as sexual harassment and workplace health and safety. The hearings of the Senate’s Education and Employment Legislation Committee on March 24 2021, were, as usual, enlightening.

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Everyone wants to see consequences

In discussing the current changing power structures in Australian politics, journalist Annabel Crabbe wrote:

“The driving element of the new power is this: Actions that previously did not carry consequences are now carrying consequences. Behaviour that was once tacitly acceptable in the elaborate and bespoke workplace that is Parliament House is now — with the benefit of sunlight — recognised as unacceptable.”

On March 24 2021, lawyer Alena Titterton explained what underpins the calls for Industrial Manslaughter laws as:

“Everyone wants to see consequences.”

In many social policy and political areas, Australia is seeing a change in “the social will” to fill the current void in political will. This is a useful perspective through which to view recent Industrial Manslaughter campaigns.

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What Australia can learn from other Parliaments about sexual harassment and assaults

Brittany Higgins alleges that she was raped in her employer’s office by a work colleague after a night of drinking. Since mid-February 2021, other women have claimed to have been sexually assaulted in Parliament. The Attorney-General, Christian Porter, is taking some leave after revealing himself to be the person behind historical rape allegations. At the moment, Australian politics is wrapped up in itself over these scandals. Still, similar scandals have happened in other Parliaments, and the responses to these may provide guidance for Australia.

A small survey of female parliamentarians and staff in Europe in 2018 found the following

▪ 85.2 per cent of female MPs who took part in the study said that they had suffered psychological violence in the course of their term of office.
▪ 46.9 per cent had received death threats or threats of rape or beating.
▪ 58.2 per cent had been the target of online sexist attacks on social networks.
▪ 67.9 per cent had been the target of comments relating to their physical appearance or based on gender stereotypes.
▪ 24.7 per cent had suffered sexual violence.
▪ 14.8 per cent had suffered physical violence.

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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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