Action on Health and Safety is always a choice

Last week epidemiologist Hassan Vally wrote one article in The Age called either “Health or economy a false choice” or “COVID caution can be a win for both public health and business” (paywalled), depending on the sub-editor and format. Curiously one has a negative implication, the other, the opposite. Either way, the article illustrates the public health dichotomy that mirrors that of occupational health and safety (OHS).

OHS often requires a decision between profit or production and safety. Public Health deciders need to consider the interests of the public and the duties of government. I prefer the former headline because it states that this decision is a “choice”. Safety, occupational or public, is always a choice.

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Vaccine mandates and omission bias

Over the last two years or so, occupational health and safety (OHS) professionals seemed to have been the go-to people for handling the workplace impacts of the coronavirus pandemic. Whether that is fair or not is debatable, but it is likely to repeat reality as workplaces continue to face labour shortages, production and supply disruption and variable exposure to the virus. At the moment, many politicians are uncertain about how to proceed. Employers need to have an operational plan, but they, or their OHS advisers, also need to step back occasionally and look at the larger context.

That step-back perspective is just what Dyani Lewis has done in a small but useful book called “Unvaxxed – Trust, Truth and the Rise of Vaccine Outrage“.

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Good COVID OHS book

Late last year, lawyer Michael Tooma and epidemiologist Mary-Louise McLaws published “Managing COVID-19 Risks in the Workplace – A Practical Guide”. Given how COVID-19 is developing variants, one would think that such a hard copy publication would date. However, the book is structured on the occupational health and safety (OHS) obligation of managing risks, and whether the variant is Delta, Omicron or Omega (if we get that far), the OHS principles and risk management hold up.

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Poor OHS consultation creates COVID disputes

One of the first Australian companies to mandate COVID-19 vaccinations, SPC, was back in the newspapers today concerning booster shots. SPC’s Chairman, Hussein Rifai, said he will not be making boosters compulsory:

“After rolling out a full vaccination policy in August, Rifai’s SPC workers have already beaten him to the third dose.
“We’re just not seeing a need for it,” Rifai says of mandating boosters. “Everybody is just going out and doing it.””

The Australian, Janury 5 2022

The primary objection to mandatory vaccinations was insufficient consultation with workers on what was fundamentally an occupational health and safety (OHS) matter.

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COVID vaccination concerns exist in workplaces too

Recently NSCA Foundation conducted an online seminar on mandatory vaccinations. As happens with many online seminars, this one became more of a lecture because there was insufficient time allocated to answer the questions from the audience. The online seminar was in three sections – Occupational Health and Safety (OHS), Industrial Relations (IR) and Privacy. The information from Sparke Helmore lawyers was fine and current, but the questions from the audience provide an interesting insight on some of the main COVID vaccine challenges facing employers.

The seminar started with a useful poll. Below are the questions and results:

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It’s not the laws, it’s the implementation

A major criticism of the Australian government about its response to the COVID-19 pandemic is that it has provided mixed messages about what to do and when. Those messages are sometimes amended by State Governments, and the messages from both these sources could change in a matter of days. This creates an enormous challenge for businesses and their occupational health and safety (OHS) personnel, if they have any.

This is a major factor in the campaign by business and industry groups and trade unions for the government to issue Public Health Orders (PHO). PHOs take the risk assessments out of the hands of the employers by establishing specific criteria that are legally binding. This is convenient in the short term, but PHOs are regularly updated to address the changing COVID-19 situation, so the stability of messaging that PHOs hopefully remove could end up with similar administrative results for employers and business operators. This veneer of security was discussed recently by lawyer Michael Tooma.

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