Hopefully prevention of mental injuries at work will emerge in this Royal Commission

LtoR: Professor Bernadette McSherry, Prof. Allan Fels, Penny Arnytage, Dr Alex Cockram

The first week of media coverage of Victoria’s Royal Commission into Mental Health is very thin on the roles and impacts of workplaces and work activities on people’s mental health, but it is part of the conversation.

The Public Hearings on July 4-5 had Prevention and Early Intervention as their theme. Prevention as occupational health and safety (OHS) people would apply was mostly absent. Prevention, in OHS terms, is usually about the elimination of a risk or hazard whereas the impression from the discussion in the Royal Commission over the last few days is that mental health is something that appears, strikes an individual (with ripples to relatives), is treated and a new psychological normal, a functional/social normal is established. Analysis of the social, occupational and environmental precursors, elements that OHS investigations are obliged to consider, seems missing, at the moment.

According to the Commission’s transcript Chair Penny Armytage said on July 2, 2019:

“We start these hearings with a wide lens. Not in hospitals or clinics, but in our homes, our sporting fields and our workplaces.”

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Be part of the Mental Health conversation

Public submissions for Victoria’s Royal Commission into Mental Health close on July 5 2019. If you believe that work-related mental health is important, tell the Royal Commission through its, very easy, online submission process. Below is the text of the submission I made earlier this week.

The website asks you questions, many more than I answered, so you just have to think a little bit, and comment. If you don’t have time for a detailed submission, there is a Brief Comments option.

What is already working well and what can be done better to prevent mental illness and to support people to get early treatment and support?

Employers have had legislative obligations to provide safe and healthy work environments for many decades, but the inclusion of psychological health has been largely overlooked in preference to those hazards that have a direct relationship to traumatic injury and death.  It is only since 2000, and the various campaigns since to prevent and reduce stress and bullying, that psychological risks have been on the workplace agenda.

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Burnout – OHS regulators clarify their positions

The prominence of Burnout as an occupational health and safety (OHS) matter has gained renewed prominence since the World Health Organisation (WHO) recognised it as an “occupational phenomenon“. But WHO equally stressed that Burnout

“… is not classified as a medical condition.”

SafetyAtWorkBlog asked several OHS and workplace experts in Australia and overseas about how to prevent Burnout. Below is the first of a series of articles in which Australian OHS Regulators provide their take on the issue. The next part will look at some overseas and non-regulatory perspectives.

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OHS largely overlooked in National Outlook Report

The National Australia Bank and the CSIRO have released their National Outlook Report for 2019. It should be no surprise that the only mention of occupational health and safety (OHS) in this report is in relation to “employee wellbeing” – reflecting the current corporate approach to OHS in Australia. The discussion on employee wellbeing in this report is selective and could have been stronger in its recommendations for change.

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Family violence at work, looking at trees instead of forest

Victoria’s Minister for Workplace Safety, Jill Hennessy, has released a media statement about the occupational health and safety (OHS) context of family violence, referencing a WorkSafe Victoria guidance note from January 2018.

Hennessy is quoted saying:

“Employers have a legal obligation to provide a safe workplace for their employees – and that includes doing whatever they can to support workers experiencing family violence.”

But what level or type of support is expected from employers? Family violence is damaging and insidious but also a crime. It is also a subset, or maybe a special type, of workplace violence as is evident by WorkSafe’s reference to its broader violence publication at the end of the family violence guidance note. The publication, A guide for employers Preventing and responding to work-related violence, outlines the employers duty of care, which includes prevention.

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Business groups miss the target on sexual harassment

Two business associations have released the submissions they provided to Australia’s National Inquiry into Sexual Harassment in Australian Workplaces – the Australian Chamber of Commerce and Industry (ACCI) and the Australian Industry Group (AiG). These submissions have been eagerly anticipated as these two groups are politically influential.

ACCI has based its submission on 13 “principles”:

  • Employers oppose sexual harassment
  • Sexual harassment is not good business
  • More Australians need to be able to recognise sexual harassment
  • We need to improve the attitudes Australians bring to work
  • The law needs to support employers in turning values into action
  • We need to recognise/reward learning and change
  • Individuals must be made more accountable for their own behaviour
  • Greater effectiveness does not demand more law
  • Regulation needs to be smart, simple, clear and balanced to be effective
  • Jurisdictional overlap / repetition detracts from effectiveness
  • Businesses have differing capacities and cultures
  • Sexual harassment can be challenging to manage
  • This is a moving target; new sexual harassment risks are emerging

Each one of these sound positive but can be argued over. For instance “sexual harassment can be challenging to manage”. This is less of a principle than a reason, or even an excuse. Sexual harassment is complex to manage as it is not just about poor relationships, it involves a sexual element which involves power and disrespect; power that is sometimes misinterpreted as leadership or part of a manager’s entitlement.

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Workplace sexual harassment inquiry releases more submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has released another block of public submissions. many of them involve examples of horrible harassment and psychological harm, but several offer research, suggestions for improvement and, a little bit of, prevention.

Those making the recently released submissions seem to be realising that the inquiry’s terms of reference focuses on Australian workplaces.

Non-disclosure agreements and communication barriers

One submission is from Professor Judith Bessant, AM, of RMIT University (Submission 188) in which she addresses the application of Non-Disclosure Agreements (NDAs). NDAs have been in the press lately as some of those who experienced sexual harassment were unable to make submissions to this Inquiry without contravening the NDA they had with their employer. Professor Bessant asserts that

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