Psychological harm gets new regulations and funding access

The State of Victoria had a big week on mental health, with the Labor Government allocating billions of dollars to the improvement of the mental health of its citizens. Much of the justification for the spend (and the imposition of a mental health levy on large companies) is in response to the recent Royal Commission into Mental Health Systems. Workplace health and safety was on the agenda in that Royal Commission. Hence, it is worth looking at how, or if, this recent Budget helps employers improve the psychological health of their workers in anticipation of new regulations on this hazard promised by Victoria’s Minister for Workplace Safety, Ingrid Stitt.

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Industrial Manslaughter presents an empty hook

New South Wales’ Opposition Minister for Industrial Relations, Adam Searle, spoke recently in support of the introduction of Industrial Manslaughter (IM) laws. In Parliament on May 5 2021, he said

“… legislation is required to enable the prosecution of industrial manslaughter and to fundamentally change the approach across industry in order to raise the standard and embed a culture of workplace safety of a much higher and more stringent nature. We need a culture that supports workplace safety in our State, not a culture, as I indicated before, that allows and encourages the cutting of corners and the fostering of unsafe workplaces…..

page 43, Hansard,

Legislation can achieve many things but not by itself, and that reality often makes such penalties like Industrial Manslaughter little more than symbolic.

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New workplace mental health info but no new strategy

On May 20, 2021, Australia’s Work Health and Safety (WHS) Ministers to discuss a range of occupational health and safety (OHS) matters. One matter will be the inclusion of a specific requirement on employers that, according to the Australian Council of Trade Unions (ACTU):

“…. would finally require employers to identify and address risks to mental health, in the same way, they are required to with risks to physical health.”

What the ACTU fails to make clear is why this regulatory change is required when the duty to provide a physically and psychologically safe and healthy workplace already exists in the current OHS/WHS laws in Australia.

The ACTU does, however, with the help of the Australia Institute and Centre for Future Work, provide more data on work-related mental health. The union movement is one of the few voices that acknowledge the structural elements of OHS but fails to consider any options other than regulation and, with a federal conservative government in power, it is unlikely to receive an attentive audience.

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Presenteeism in the new world of work

Presenteeism has largely been analysed through the principles and managed through the actions of the Human Resources profession. The COVID19 pandemic has changed the presenteeism conversation. There seems to be more enforcement of occupational health and safety (OHS) obligations on employees to not present a hazard to their work colleagues and customers and, therefore, to remain home.

On May 5 2021, in Darwin, the Australian Labor Party’s Shadow Minister for Industrial Relations, Tony Burke, spoke about presenteeism at a Transport Workers Union meeting. He said that the COVID19 pandemic showed that “a third of the workforce in Australia didn’t have sick leave” and:

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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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A “safe” workers memorial

At yesterday’s memorial for workers, Victoria’s Minister for Workplace Safety, Ingrid Stitt (pictured above), announced more financial support for the families of deceased workers. She also pledged that the prevention of illness and injury will remain a focus of WorkSafe Victoria and the government, but the centrepiece of her speech was additional post-incident funding.

According to a media statement in support of her appearance at the memorial outside the Victorian Trades Hall, she announced

“…an increase in support delivered by WorkSafe Victoria’s Family Liaison Officers and Family Support Specialists in the first weeks following a workplace death [including] … appointing external Bereavement Support Workers, who will work with WorkSafe and families to ensure ongoing support is available, particularly ahead of important milestones relating to workplace deaths.”

The Minister’s commitment is consistent with the position of the Andrews Government for some time, especially since the campaign for Industrial Manslaughter penalties. The challenge may come from lobbying for grants for these support services.

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Non-military safety lessons from the latest Royal Commission (open access)

The Australian Broadcasting Corporation broadcast an episode of The Signal on April 21, 2021, which discussed the complexity of the culture of Australia’s military, and I strongly recommend you listen to it. It does make some points about culture worth contemplating in the context of one’s own workplace and profession.

The most useful point was that an established institution cannot have a uniform culture that meets the expectations of all relevant stakeholders. Generations take their culture with them. So those who started in the military in the 1980s and 1990s (and later) will bring the values and lessons of that time into their maturity and when they move into senior and leadership positions – positions that are intended to both preserve and progress the organisation’s culture. This will result in conflict between the expectations of new recruits and the realities of the established military executives. Not open revolt, but a dissatisfaction that may or may not result in leaving the organisation.

The topic used by The Signal to illustrate the extremes of the defence force members and stakeholders was mental health.

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