Are OHS laws part of the safety clutter?

A major barrier to change is that Australia, as a whole, has never subjected its occupational health and safety (OHS) laws to a detailed analysis to determine whether the legislation and the supportive documentation works. To be clearer, Australia has never subjected its laws to a “safety clutter” analysis. No one seems to have tried to determine if the laws have any positive benefit on operational safety?

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“Justice Tempered” – ethics and abuse

Recently the Finance Sector Union (FSU) released a small study on ethics and capitalism. The report illustrates how poor corporate ethics and greed created a disregard for the mental health of the finance industry’s workers as well as the financial and mental health of its customers.

The report – “Justice Tempered – How the finance sector’s captivity to capitalist ethics violates workers’ ethical integrity and silences their claims for justice” – was written by John Bottomley, Brendan Byrne and John Flett. Although it is based on detailed interviews with only eight finance sector workers, the authors use these conversations as a catalyst for broader discussions of ethics with extensive cross referencing of relevant, books, publications and, especially, the findings and report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Call for change on sexual harassment could use support from OHS

Discussion on the sexual harassment allegations against former High Court judge Dyson Heydon continue even though some Australian States’ media have returned to COVID19 clusters and football. On July 6, 2020, five hundred women in the legal profession published an open letter calling for

“… wider reforms to address the high incidence of sexual harassment, assault and misconduct in the legal profession”

The signatories call for an independent complaints body for the Australian judiciary and changes to the appointment of judges. What is missing is Prevention.

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We’ve got Industrial Manslaughter laws, now what?

So, Victoria now has Industrial Manslaughter laws. Now what? Within days of the activation of these laws a worker died at the Thales worksite in Bendigo. This location is covered by the Federal Work Health and Safety laws, but this has not stopped social media from mentioning Industrial Manslaughter. It seems now that every work-related death will be assessed through the IM lens. It may be that the threat of jail should always have been the starting point for occupational health and safety (OHS) penalties and investigations but initial responses to the IM laws have been mixed, and some seem to be more interested in what, in the past, has been a sideline to the IM discussion – deaths, in work vehicles, suicides and industrial illness.

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Old v New, or is it just Thinking?

Sacunas Old v New

Business management, including safety management, talks about “step changes”, new paradigms and a lot of jargon.  Part of the use of this language is an attempt to manage progress and change in small comprehensible chunks.  But it can also expose business owners to short-term fads, giving rise to frustration and cynicism about occupational health and safety (OHS).

One example of the step change mindset was on display several years ago in LinkedIn where the image above was posted, sadly, with no context. The before/after structure of this graphic is often used in the management of workplace health and safety.

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Two steps forward, one backward

The latest media release from the Australian Institute of Health and Safety (AIHS) shows a remarkable maturity and a newfound ability to be inclusive and topical.

The AIHS, in conjunction with several other occupational health and safety (OHS) related organisations, developed and released an important guidance on respiratory protection masks for the work environment. Not only is this super topical but the effort has the support of the Australian Council of Trade Unions (ACTU), an organisation that, historically, has been reluctant to support OHS initiatives from outside trade union resources.

The primary purpose of the media release is to push the Federal Government for “the urgent establishment of a register for approved respirators (aka face masks)”, but this may be too simplistic and too narrow a focus especially when the issue of face masks is a critical part of the Governments’ plans to “reopen” the economy.

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Lancing the boil of sexual harassment

The Australian Institute of Safety and Health’s online national conference offered some big topics this year. One of the most anticipated was the discussion of sexual harassment in the workplace. Luckily the panel discussion included big hitters such as Sex Discrimination Commissioner Kate Jenkins whose week was about to get a lot busier with the revelations of sexual harassment by Australia’s High Court Justice Dyson Heydon.

The Dyson Heydon sexual harassment accusations, which he emphatically denies, were revealed in an independent investigation for the High Court of Australia. The Justice Heydon case has generated copious media attention for many reasons including his prominence in a politically-charged Royal Commission into Trade Union Governance and Corruption. His sexual harassment offences are awful, but the most startling revelations are not necessarily about one man’s inappropriate actions. Here was an organisational, maybe even a professional, culture that permitted this behaviour to continue unchallenged for many many years. It is this context that, I believe, offers the most significant lessons for the occupational health and safety (OHS) profession and where OHS skills can help others.

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