Can the sex industry be the same as any other industry?

The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:

“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”

That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?

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Steve Bell outlines the challenges for the OHS profession and Regulators

Almost every year, for a couple of decades, Herbert Smith Freehills (HSF) and the Australian Institute of Health and Safety (AIHS) have conducted a breakfast seminar to “launch” the year. That schedule has been cocked up by COVID-19, but the events continue.

The August 2021 breakfast featured several of the usual speakers but with the omission of the Minister for Workplace Safety or a senior representative of Worksafe Victoria. As a result, the event dragged a little. Most of the information was useful, but the event lacked the spark it often has. Perhaps this was the online format, perhaps the mix of speakers, perhaps the 90-minute length.

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To boldly go where no Australian company has gone before

The response to SPC’s decision to mandate COVID-19 vaccinations for its workers, contractors and visitors illustrates a common misunderstanding of occupational health and safety (OHS) management, poor OHS literacy and some industrial and media rent-seeking.

On ABC Radio’s PM program in early August 2021, the main objection of Andrew Dettmer of the Australian Manufacturing Workers Union was insufficient consultation prior to SPC’s decision. (Really?! What about the validity of the company’s OHS decision?) Dettmer said:

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Dehumanising OHS

A recent online article started:

“We all deserve to leave for work each day, knowing that if we say goodbye to our loved ones, it’s not goodbye forever. And when we’re at work, our laws should protect us and keep us safe.”

It contains a heartfelt sentiment but also perpetuates a myth. Occupational Health and Safety (OHS) laws do not protect us or keep us safe. They establish a socio-legal framework that needs to be enforced by a combination of employers, workers, Regulators, Health and Safety Representatives, bystanders, the public, the government, relatives, and others, depending on the work situation at the time.

Just as “mindful” has a different subtext to “careful” so we need to avoid empowering laws beyond their design and dehumanising the OHS process. We need to remember that people are integral to the enforcement of OHS laws, duties and obligations for if we remove people from this activity, OHS becomes a responsibility of everyone and no one.

Kevin Jones

BTW, the article is a lovely profile of Lana Cormie

“Careful” being replaced by “Mindful”

American television drama Hill Street Blues almost always included a pre-work briefing with the senior officer concluding with a “Let’s be careful out there”.  Whether the officers paid attention to this all the time is debatable, but it was an important statement that revolved around Care.

In occupational health and safety (OHS) briefings and political speech, Care is often replaced by alternative words, particularly “Mindful” – “Let’s be mindful out there”. Does this mean the same as Careful? Why replace the word Care? Are we embarrassed by Care? Does Care promise more than we can deliver?

OHS is based on a principle of the Duty of Care. One of the most useful discussions of this principle is the 2005 West Australian guidance on this. It says:

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Look to the greed behind the corporate culture

Today the Governance Institute of Australia distributed a promotional email for its September national conference. These conferences often provide a useful perspective on broad occupational health and safety (OHS) issues. One gets to see how OHS is seen to fit (if at all!) in the established business and governance structures.

A key theme of this year’s conference is Culture which is a critical issue for most companies, even if they don’t realise it, and one with which the OHS profession is very familiar. However, the Institute, its members and conference delegates should be challenged to analyse Culture more deeply than what is indicated in the promotional email and article.

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What is behind the fluctuation of mental health claims?

If you are contemplating running a survey about workplace health and safety, make it longitudinal. That is, structure your survey so that data can be compared over a long period of time by clearly defining your questions to the general rather than the topical. Topical questions can be included occasionally (they can freshen up a survey), but the core of the survey needs to be robust.

Recently Safe Work Australia (SWA) released the 6th edition of workers compensation claim data for psychosocial health and safety and bullying in Australia. It is a short statement of data that offers some interesting trends and continues the survey’s limitations.

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