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Does the tail wag the dog or vice versa?

Trade union opposition to mandatory vaccinations against the Covid-19 virus continues, primarily because they feel left out of the conversation at SPC. However, the support for at least not dismissing mandatory vaccinations is growing.

In The Australian on August 18 2021, the lawyer advising SPC on its vaccination policy, Joel Zyngier of Gilchrist Connell, said

“Twelve months ago we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Six months ago, we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Now it’s a reasonably practicable step and so it’s something that employers must consider as part of their occupational health and safety or work health and safety duties,”

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Is tripartism a closed shop?

Occupational health and safety (OHS) policy in Australia has been determined through a tripartite structure of representatives from Government, Industry and Trade unions for decades. It has not changed because the structure recommended in the early 1970s suited the political power structure. However, there are several indications that this tripartite consultative mechanism may be showing its age.

Recently, Safe Work Australia has been consulting OHS professionals, advocates, and commentators through Accenture to develop its next 10-year strategy document. (I have been one of those interviewed) That it is interviewing beyond its traditional pool of experts is heartening. However, it will still need to consult further and with those who have traditionally been critical of government intervention and over-regulation.

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Save lives or save money – the OHS tension

There are two core elements to the work of the occupational health and safety (OHS) professional – the management of Safety and the management of Safety Liability. In the simplest of terms, the former saves lives and the latter saves money. OHS (and politics) has always involved juggling these two extremes.

There are many examples of this tension but the most obvious, at the moment, is COVID-19 and the vaccination of workers.

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Business is getting some clarity on COVID-19 vaccines and a reminder to act

On August 12 2021, the Chair of Safe Work Australia, Diane Smith-Gander entered the fray over making COVID-19 vaccinations mandatory in an article in The Age. Later that day, in the absence of any clear guidance on the issue from the Federal Government, The Age reported that the Fair Work Ombudsman will be providing guidance on 4 tiers of workplaces relevant to assessing COVID-19 exposure risks.

The combinations of advice from these sources, greatly clarify what businesses can do to improve the safety of their workers and customers. The reticence to take reasonable occupational health and safety (OHS) steps by business groups will remain but the clarity they have been requesting will soon be available.

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SPC shows leadership on mandatory vaccinations

The first week of August 2021 has been a big week for the discussion of mandatory vaccinations for Australian workers. A major Australian fruit cannery in regional Victoria, SPC, has stated that all of its workers, visitors to the site and contractors will need to be fully vaccinated by November 2021. This is being done to protect workers, the community and to maintain the food supply.

There are many lessons from SPC’s decision and the subsequent discussion has been largely predictable. What has been missing from almost all of the discussion is the occupational health and safety (OHS) perspective. This article and others will look at the issue and how the health and safety benefits have been presented in the mainstream media.

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Best Practice? Gold Standard? let’s call the whole thing off

Australians are starting to understand that having something described as “gold standard” – most recently in relation to the contact tracing services of New South Wales – is as helpful as describing occupational health and safety (OHS) laws and systems as “best practice”. These phrases are optimistic bullshit and politically fraught. The fragility of these phrases has been revealed in events as far apart as the COVID-19 pandemic of 2020-21 and the Esso Longford Royal Commission of 1999. Consider this paragraph from the Esso Longford Royal Commission report and its pertinence to NSW’s contract tracing:

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Frogging the National OHS Strategy

Australia has commenced its consultation process for the development of its next ten-year national occupational health and safety (OHS) strategy. These are peculiar documents as no one ever seems to be punished for not achieving the targets or the performance targets are so narrow or general that it is impossible to not achieve them.

One of the elements that all such strategies seek is “emerging hazards”. Even harder is when they seek hazards that no one else has considered or have yet to emerge. One of the challenges with these strategies is less about what they say than how they are implemented and enforced.

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