Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.
Work-related suicide is more insidious in some ways than non-work suicide, as it is institutionally stigmatised to the extent that its reality has been denied. There is an additional level of complexity when an employer is in control of the work, and a strong economic ideology often denies the influence of work factors. The tide is turning, but organisational factors are not receiving the prominence they deserve, and the change remains slow.
New Australian research is playing a crucial role in accelerating this change.
Note: This article discusses issues related to suicide.
The Victorian Government plans to introduce legislation regarding psychosocial hazards, similar to that of all other Australian jurisdictions, by the end of 2025. But what workplace changes are expected when this new set of occupational health and safety regulations is enacted? Other States’ laws may provide clues.
Australian occupational health and safety (OHS) laws require employers to be compliant with their OHS duties, but also allow the flexibility for employers to determine their own level of compliance. This has complicated OHS because employers can never be sure that they are in compliance. Compliance and non-compliance are usually determined accurately through the courts after legal action by the OHS regulatory agency and after a workplace incident. This uncertainty is compounded for small business owners who just want to be told what to do to be compliant.
Perhaps the most challenged industry sector is farming, which cannot avoid the uncertainty that the OHS laws provide. This uncertainty is one that highly-resourced employers are proud to claim as a well-fought-for benefit, namely, flexibility, but it is more of a problem for isolated rural workplaces and small businesses.
One of the most divisive speakers at last week’s Research Summit organised by Safe Work Australia was futurist Reanna Browne. Some delegates found her approach to research to be offensive. Others thought she was granted too much time. Some were confused.
Earlier this week, I was a panellist at an occupational health and safety symposium organised by the Victorian Branch of the Australian Institute of Health and Safety. We were asked to be challenging and provocative in our perspectives on the evolution of OHS and OHS law in Victoria since the start of the century.
The challenge in addressing psychosocial hazards at work comes not from the dangers posed but from the executives’ willingness to change. Recently, David Burroughs reflected on his years of advising executives on this hazard. Burroughs’ experience of corporate responses to workplace bullying is indicative of the challenge of organisational change.
