Economic analysis = A+. OHS analysis = C.

Research analyses of the economics of modern work methods are important evidence for government policymaking, but occupational health and safety (OHS) costs are often omitted or overlooked. The recent report by The Australian Institute and its Centre for Future Work called “Working From Home, or Living at Work?” appears to be another example.

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Anonymous reporting in Victoria’s legal sector

Industry groups and employers should accept the reality of their occupational health and safety (OHS) duties, especially concerning sexual harassment. Recently the Victorian Legal Services Board (VLSB) launched an online complaints service for lawyers. According to the September 16, 2021, media release, the service:

“…enables both targets and witnesses of sexual harassment to report what happened, where, when and to whom. Reporters can provide as much or as little detail as they feel comfortable”

The attraction of this service is that one would expect such a service from a legal services board to be spot on with its legal and privacy, and human rights obligations. But then, that comes from a non-lawyer.

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Disconnecting is not easy but it is necessary

One of the best ways to maintain one’s own work-related mental health is to adhere to working hours and keep work communication to the hours you are contracted for. This is not rejecting the workload but is establishing boundaries that will offer a more sustainable job, career and mental health.

However, disconnecting is not as easy as that, and there are potential job or career impacts. These were recently discussed in an article in The Guardian written by Elle Hunt.

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Latest Psych Health Code released

The big occupational health and safety (OHS) news in Australia has been the New South Wales release of its Code of Practice for Managing Psychological Hazards at Work. This Code is not mandatory but is a very good indication of what the OHS regulators (and perhaps eventually the Courts) believe are reasonably practicable measures for employers and business owners to take. These measures are discussed in detail below.

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Inquiries need more evidence and less anecdote

Recently the Australian Council of Trade Unions (ACTU) made a curious submission to the Federal Government’s Senate Select Committee on Job Security. This submission (not yet available online) illustrates the ACTU’s political and ideological position of job security and precarious work, including the occupational health and safety (OHS) impacts, but it could have been more convincing and helpful.

Here is its section on Insecure Work and Safe Workplaces, the last section before the Conclusion:

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Resilience = the enemy of the Duty of Care

Last year Professor Michael Quinlan and Dr Elsa Underhill wrote about how precarious work arrangements had contributed to the spread and prevalence of COVI19 in Australia and its workplaces. Soon Australia’s Treasurer, Josh Frydenburg, will announce his 2021-22 Budget strategy. It is forecast to include big government spending and in many different areas of Australian industry, but the economy and Australians’ health may be better served by addressing the precarious employment structures on which more and more businesses rely and about which the Government seems disinterested.

In the latest edition of Griffith Review (no. 72), Angela Smith looked at how embedded precarious work is in Australia’s economic rebound. She also looked at how the wellbeing and wellness industries compound the health and safety risks of this type of work in this time of COVID19.

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Wage theft and work health and safety

Many large and small Australian businesses have been exposed as underpaying staff.  This exploitation is gradually being addressed in law firms, according to a report this morning in the Australian Financial Review (paywalled). In the context of occupational health and safety (OHS) though, the description in the first paragraph of “crippling workloads” is an important mention of relevance.

Reporter Hannah Wootton and David Marin-Guzman do not focus on the OHS and mental health aspects of these workloads in this article as underpayment is the focus, but they touch on OHS matters later when mentioning the Hayne royal commission:

“The royal commission sparked reports, including to workplace safety regulators, of crippling work hours that put lawyers’ health at risk and resulted in many sleeping at work.”

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