Quick OHS News – Danger Money, Red Tape and Toilets

Below is some interesting occupational health and safety (OHS) issues that have appeared over the last week that I don’t have the time to explore in the usual depth but are useful.

Danger Money appears

David Marin-Guzman reports that unions are asking for an extra

“$5 an hour to compensate [disability workers] for risks in assisting clients suspected of having coronavirus.”

The reporter’s Twitter account justifiably describes this as “danger money“, an issue forecast as likely by this blog recently. That such an offer is made by the Health Services and United Workers Unions is disappointing but unions can do little else as the employers have the primary OHS responsibilities. What such action also does though is let the employers off lightly from their OHS duties to continuously improve workplace health and safety. The $5 danger money may be cheaper than implementing other risk control options but OHS laws have a process for this type of decision making that has Cost as the last option to be considered. Allowances do not reduce worker safety risks and they can undermine future OHS initiatives.


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Great loss, but no vision and limited interest

This year’s International Workers Memorial Day/World Day for Safety and Health at Work is over. Many of the memorial events were conducted online and many gave healthcare workers prominence, especially in the United Kingdom. SafetyAtWorkBlog watched the online service conducted by the Victorian Trades Hall.

Many worker memorials are little more than a reiteration of the importance of occupational health and safety (OHS) laws. If the ceremonies are conducted by trade unions, as most are, they are usually advocating for the role of Health and Safety Representatives (HSRs). This year’s Victorian ceremony was typical. However, there were some curiosities and such ceremonies can, and should, be more than just a commemoration.

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Sizzle but no steak

The COVID19, business disruption surveys keep coming. This time from the Australian Chamber of Commerce and Industry (ACCI). On 25 April 2020 released its Business Conditions Survey Report 2020. which was

“… undertaken between 30 March and 17 April, and involved 1,497 businesses across all states and territories.

This overlaps the April 9 survey by the Australian Council of Trade Unions which had a similar sample size and data limitations.

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Gender, OHS and Checklists

The topicality and importance of many issues highlighted in early 2020 have disappeared. One of them was the issue of sexual harassment in the workplace and Libby Lyons, Director of the Workplace Gender Equality Agency, has released the speech she intended to give at the, now cancelled, Commission on the Status of Women meeting at the United Nations. Lyons said this about sexual harassment and employers:

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Workers and COVID19 survey

Last week the Australian Council of Trade Unions (ACTU) released some research into workers and COVID19. It is not peer-reviewed and there will certainly be much more research into the disruption and personal and occupational responses to the coronavirus disruption over the next few months. The survey results do not specifically analyse occupational health and safety (OHS) issues but there are clues to future considerations.

The media release, understandably, discusses the changed employment status or arrangements. The OHS hazards associated with precarious work are well-established and the survey illustrates the extent of precarity in Australian workplace, so mental health issues are going to come to the fore as government-imposed isolation continues and/or businesses reopen.

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Deaths of Health Care workers from COVID19

A doctor in a protective suit taking a nasal swab from a person to test for possible coronavirus infection

The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage over this situation has been in the United Kingdom, but a similar situation could easily have occurred in Australia, New Zealand and elsewhere if those governments had not acted as quickly as they did or were less better prepared.

Some research has already commenced on healthcare worker infection deaths showing important initial clues on how governments, hospitals and medical employers can do better.

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Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

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