Category: psychiatric

Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

Psychosocial hazards are now, formally, occupational diseases

On 25 March 2010, the International Labour Organization released an updated list of occupational diseases.  On the ILO website, it is stated that

“Mental and behavioural disorders have for the first time, been specifically included in the ILO list.”

All occupational diseases, including psychosocial hazards, had to satisfy the following criteria in order to be considered:

  • “…that there is a causal relationship with a specific agent, exposure or work process;
  • that they occur in connection with the work environment and/or in specific occupations;
  • that they occur among the groups of workers concerned with a frequency which exceeds the average incidence within the rest of the population; and
  • that there is scientific evidence of a clearly defined pattern of disease following exposure and plausibility of cause.”

The exact text from the revised List of Occupational Diseases Recommendation R194 is

“2.4. Mental and behavioural disorders

2.4.1. Post-traumatic stress disorder

2.4.2. Other mental or behavioural disorders not mentioned in the preceding item where a direct link is established scientifically, or determined by methods appropriate to national conditions and practice, between the exposure to risk factors arising from work activities and the mental and behavioural disorder(s) contracted by the worker”

What this means in practice is unclear and is likely to vary from country to country in relation to recognition of UN and ILO recommendations.  What it does establish is that an international authoritative OHS body has acknowledged the existence of psychosocial hazards.

“The Eagle has landed”  however there will remain some organisations who will always believe that occupational causes of psychosocial problems belong on the same sound-stage as the Apollo moon landings.

Kevin Jones

The first workers’ compensation harmonisation meeting a sham: unions

“The conference inside is a bit of a sham” claimed Brian Boyd, Victorian Trades Hall Secretary at the first meeting into the harmonisation of Australia’s workers compensation laws.

“It’s really another hidden agenda about trying to harmonise workers comp after we fully know already, they’ve messed up harmonisation of OHS.”

Continue reading “The first workers’ compensation harmonisation meeting a sham: unions”

Unprecedented interest in workplace bullying

On 25 March 2010, at the first of ten workplace bullying information seminars, WorkSafe Victoria, claimed to have a world-class approach to combating workplace bullying.  The Europeans may dispute the claim but there is no doubt that WorkSafe is on the right path in responding to the unprecedented community interest in the issue.

In a packed hall in the City of Melbourne, Trevor Martin, WorkSafe’s Strategic Programs Director, acknowledged the considerable media interest in the hazard over the last few years, and particularly since the prosecution of four men in associated with bullying at Cafe Vamp.  Martin said that WorkSafe’s advisory help line has been receiving more that 40 calls per day on bullying and harassment issues and that

“In February [2010] 560 calls were received …… 10%, 56 cases made it through to the dedicated unit for further work to be done.  That is an astonishing number of calls to WorkSafe on a single issue.” Continue reading “Unprecedented interest in workplace bullying”

Workplace bullying needs harmony and good managers

The Australian Financial Review on 24 March 2010 includes an article (only available through subscription or hard copy purchase) that states that the “tangle of state laws hampers compliance” by business on the issue of workplace bullying.  Harvard Business Review reports on how to cut through the distractions and attend to a root cause of workplace bullying. Continue reading “Workplace bullying needs harmony and good managers”

OHS awards consider work/life balance but not vice versa

On 15 March 2010, the Australian Government congratulated the winners of, and participants in, the 2009–10 National Work–Life Balance Awards.

According to a media release from the Department of Education, Employment and Workplace Relations:

“The Awards…. recognise family friendly practices like flexible working hours, options for working from home, paid parental leave, job sharing, onsite carer’s facilities and study assistance.”
Teleworking and flexible working hours are both directly relevant to occupational health safety but also through the OHS elements of work/life balance.  But the National Work-Life Balance Awards Team told SafetyAtWorkBlog that
“No direct OHS performance indicators were included in the judging criteria for the 2009-10 National Work-LIfe Balance Awards.” Continue reading “OHS awards consider work/life balance but not vice versa”

Australian MP mentions workplace bullying but is short on practical controls

On 18 March 2010, the last sitting day of that session of Australia’s Parliament, Labor Member of Parliament , Bill Shorten, spoke about workplace bullying and the OHS prosecutions that stemmed from the bullying and suicide of Brodie Panlock.  Some of his short speech rehashed details of the workplace bullying prosecutions but, according to the draft of Hansard (page 93), Shorten made some useful remarks:

“I rise to speak on the issue of workplace bullying.  We would not think it was acceptable for people to come to work and be exposed to asbestos or toxic chemicals.  We should not think, therefore, that it is appropriate for them to be exposed to the toxic behaviour that is sustained and malicious bullying.  I believe that this kind of bullying is something which can be eradicated.  We have changed attitudes on smoking in the workplace and on sexual harassment; there is no reason why we cannot eliminate forever bullying in the workplace.

Bullying is an absence of kindness and Continue reading “Australian MP mentions workplace bullying but is short on practical controls”

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