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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If the research is clear, why aren’t employers reacting?

Excessive working hours are harmful. This uncomfortable truth was recently spoken by the Harvard Business Review. The changes to prevent this harm is obvious to most of us involved with health and safety but remains uncomfortable to everyone else.

In an article called “The Research is Clear: Long Hours Backfire for People and for Companies, Sarah Green Carmichael posits three reasons for overwork:

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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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Working Hours and Leadership

The workplace issues of excessive hours, unpaid overtime and the negative mental health and social disruption effects are becoming more commonly discussed but not, necessarily, fixed.  A persistent example of these workplace hazards is the sitting of Parliament.

Parliamentarians are not always good examples of leadership and nor are they good managers of their workplace responsibilities, as shown by the response to sexual harassment and alleged assaults in the Federal Parliament House. A less controversial example of their management is the flexible hours applied to the passing of, usually contentious, legislation.

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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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Good COVID OHS book

Late last year, lawyer Michael Tooma and epidemiologist Mary-Louise McLaws published “Managing COVID-19 Risks in the Workplace – A Practical Guide”. Given how COVID-19 is developing variants, one would think that such a hard copy publication would date. However, the book is structured on the occupational health and safety (OHS) obligation of managing risks, and whether the variant is Delta, Omicron or Omega (if we get that far), the OHS principles and risk management hold up.

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