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.
Australia’s efforts to enhance the health and safety of its workers are hindered by the constitutional framework, which assigns responsibility for occupational health and safety (OHS) to local jurisdictions.
Recent comments by a Federal Minister on sexual harassment illustrate this dilemma, which is not restricted to OHS.
The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.
CCTV cameras on a cash register may deter theft due to the fear of consequences, such as discipline or dismissal, but they also communicate a lack of trust. If the aim is to prevent physical actions like theft, they work. But can they prevent occupational health and safety (OHS) breaches like sexual abuse in childcare centres?
Many people in Australia are asking why any woman would consider a career in the military, given the considerable risk of sexual harassment, abuse and assaults. Occupational health and safety (OHS) and risk management disciplines often draw on many of the risk assessment processes and principles from the defence forces; however, there appear to be significant and intransigent risks in that sector.
Note: This article mentions suicide
In November 2022, then-Sex Discrimination Commissioner Kate Jenkins explained why sexual harassment in Australian workplaces continues to happen. Basically, she said this was because the sex discrimination laws were reactive to a worker complaint and placed no duty on employers to prevent these types of incidents. But there is more to it than that, and the recent imposition of a positive duty under sex discrimination laws is still not preventing work-related harm.
The community in Melbourne, Australia, has been talking about little else but a sex abuse scandal in the childcare industry. (It makes a difference from talking about beef wellingtons.) The media and the government are announcing and investigating various regulatory and enforcement options to prevent a recurrence. This abuse is a grave concern and not one that was unexpected, as earlier inquiries had identified the risk. The prevention of sexual harm to children has an occupational health and safety (OHS) context that should not be ignored.
