The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

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Understanding Grief

Occupational health and safety (OHS) has always dealt with death. Many of the most significant legislative and operational changes have resulted from one or more work-related deaths. The horror and tragedy of each death cause us to redouble our efforts to prevent untimely death.

The reality of occupational deaths and the quest to prevent death are crucial elements of OHS’s beliefs, philosophy and principles. Each of these deaths generates grief, an emotional and mental state that an Australian book explores from the “lived experience”.

Life After is a curious book published in 2021.

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A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

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A curious omission from NY Times well-being article in The Age

Another article reporting on Dr William Fleming’s workplace wellness research appeared recently in the New York Times, reproduced in some Australian newspapers like The Age (not available online). Newspapers are entitled to edit other newspaper’s articles for many reasons. Most tweaks are legitimate, but, in this case, The Age dropped an entire paragraph, which does not reflect the balance of the full NYTimes article.

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Are wellbeing programs “safe washing” their OHS performance?

First, there was brainwashing, then greenwashing and safewashing. Could the well-being industry be accused of safewashing? Has well-being had its day in the sun?

The first use of safewash to describe presenting occupational health and safety (OHS) information in a diffused truth was in the 2016 research paper by Sharron O’Neill, Jack Flanagan and Kevin Clarke, called “Safewash! Risk attenuation and the (Mis)reporting of corporate safety performance to investors” (abstract/summary available). It has turned up elsewhere since.

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A call to arms on OHS

In early January 2024, the British Medical Journal (BMJ) published a commentary by Professor Alex Collie that illustrates the need to broaden our consideration of “traditional” and psychosocial hazards and well-being at work. The article is paywalled but worth obtaining a copy.

Collie‘s research is always interesting, and being published in the BMJ adds some clout to this call for activism.

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New Sexual Harassment Code is part of the workplace mental health transition

This month Safe Work Australia (SWA) released its Code of Practice – Sexual and gender-based harassment, which applies to almost all Australian occupational health and safety (OHS) jurisdictions. It is an important document for many reasons, not the least is to reduce, and hopefully to prevent, the potential for life-altering psychological harm. It is also important in the expansion of management areas traditionally managed through personnel departments to include OHS concepts and control measures.

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