Purposeful or lazy discussion of Right-To-Disconnect and Working-From-Home?

There is a curious development in the current discussion in Australia about the newly introduced Right-To-Disconnect (RTD). Many are conflating RTD with Working From Home (WFH) – two separate but slightly overlapping changes to the world of work – which is impeding valid and necessary discussion.

Working From Home largely emerged as a response to the coronavirus pandemic and used flimsy work structures to provide business continuity. The WFH arrangements would have been unlikely to have been so widespread without the federal government’s investment in the National Broadband Network and the commercial growth in mobile phone communication infrastructure. However, that same infrastructure and investment have contributed to the problem that Right-To-Disconnect is intended to address.

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The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

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“made through the blood of the workers who never came home”

Last week, the Australian Parliament passed a tranche of industrial relations laws; laws that were, unsurprisingly, objected to by some business groups but included some occupational health and safety (OHS) contexts. Industrial Manslaughter was the obvious one, but pay equity and increased job certainty, if not security, for some industry sectors, has the potential to reduce job stress.

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OHS seems to be no more than a “nice-to-have” to Australian politicians

Several events or non-events at the recent 23rd World Congress on Safety and Health at Work illustrated the political attitude to occupational health and safety in Australia, especially the lack of presence of national figures on official duties.

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Engineered stone is unsafe at any level

Safe Work Australia has recommended:

“a prohibition on the use of all engineered stone, irrespective of crystalline silica content, to protect the health and safety of workers.”

So that should be it. No more engineered stone products for use in Australia. Apparently, that decision is difficult to make even though the top occupational health and safety (OHS) advisory body in Australia recommends prohibition. OHS has always had an uncomfortable mix of morality, law and politics. Engineered stone and its inherent silicosis risks are a good illustration of the tensions between these three elements.

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Engineered stone and deadly silica risks seem here to stay

So Australia did not ban the importation of engineered stone. The Heads of Workplace Safety Authorities (HWSA) have issued a Communique and a joint media release outlining their decision. It’s a political slap in the face to the trade unions who went hard on the ban.

Many organisations supported the call to ban the importation and use of engineered stone due to the unacceptable risk associated with cutting the product. Many were strident in need for the ban. Even the Federal Minister for Workplace Relations, Tony Burke, was talking tough on the morning of the critical meeting of the Heads of Workplace Safety Authorities. So what went wrong?

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Other OHS politics you might have missed

November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.

The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.

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