OHS seen as not up to the task on sexual harassment

Then submissions to the Senate Committee inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill reveal some interesting perspectives on occupational health and safety (OHS) from Australian businesses and other organisations.

The Kingsford Legal Centre says this of the work health and safety approach to sexual harassment:

“WHS law is designed to manage work health and safety risks which are many and varied and are distinct from gendered violence and discrimination. Many cases of sexual harassment and sex discrimination are not an easy fit for the WHS framework. WHS legislation is state and territory based and relying on WHS legislation does not address the Commonwealth’s international human rights obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In also not naming the gendered nature of the issue, WHS law risks overlooking keys to prevention and culture change which are central to the Respect@Work Report.
While WHS processes may in some cases run parallel to complaints of discrimination or sexual harassment, there are fundamental ways in which WHS law differs in the management of claims. Most obviously there is not a clear process for people who have experienced discrimination and harassment to be allowed to speak through a conciliation process about the impact of such behaviour on them and seek specific forms of redress. We know from our research in this regard that this process is important in resolving complaints impacting on human rights and reflects a complainant-centred process. WHS law does not approach injuries in such a way.”

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More OHS information on Midfield Meats

Recently The Monthly magazine took a close look at the labour practices of Midfield Meats (paywalled), a major Warrnambool company and meat exporter that had been, yet again, successfully prosecuted by WorkSafe Victoria. There are workplace safety elements to The Monthly’s story that were not as prominent as other issues and there were some questions for companies and governments that have supported Midfield in the past.

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OHS will ease the Work From Home transition

Australian Prime Minister Scott Morrison continues to promise a return to normal but it is impossible to return to a previous point in time without denying the changes that have occurred since then. Morrison speaks of this normality in relation to the COVID-19 pandemic and may offer some understanding of his reticence to act on global warming as climate change will never allow a return to normal.

One of the workplace changes exacerbated by the pandemic is the working from home (WFH) option. Recently businesses are starting to accept this new normal, sometimes backed by research. Many businesses are in a state of (I would argue, permanent) transition. On July 2, 2021, Benjamin Clark offered a useful summary of the WFH state of play for Crikey (possibly paywalled) with some overlap to a November 2020 Harvard Business Review (HBR) article on Working From Anywhere (WFA).

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“Careful” being replaced by “Mindful”

American television drama Hill Street Blues almost always included a pre-work briefing with the senior officer concluding with a “Let’s be careful out there”.  Whether the officers paid attention to this all the time is debatable, but it was an important statement that revolved around Care.

In occupational health and safety (OHS) briefings and political speech, Care is often replaced by alternative words, particularly “Mindful” – “Let’s be mindful out there”. Does this mean the same as Careful? Why replace the word Care? Are we embarrassed by Care? Does Care promise more than we can deliver?

OHS is based on a principle of the Duty of Care. One of the most useful discussions of this principle is the 2005 West Australian guidance on this. It says:

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COVID, Blame and Employers

Australia has not had a crisis in public health to the magnitude of COVID-19 for a very long time. It is understandable for people to look at a public health crisis through the reference point of their own experience and profession. There is an overlap between the management of the pandemic and occupational health and safety (OHS), but that overlap should not be inflated.

Jason Thompson wrote an excellent (and recommended) article on COVID-19 and blame for the University of Melbourne titled “Get Ready for a Shift in the COVID Blame Game”. I had the chance to put a few questions to him about the article.

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Office Noise and Mental Health

Too much weight is given to occupational health and safety (OHS) surveys and research that rely on self-reported data. Such data is subject to social and personal biases. It has its role in the state of knowledge, but its authority and worth is frequently overstated.

A recent research project into the OHS effects of working in open-plan offices removed this level of subjectivity by using a simulated office environment. The researchers’ findings provide a useful context to office design (not a new issue) and work-related mental health, especially when workers are being encouraged to return to the office.

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Disconnecting is not easy but it is necessary

One of the best ways to maintain one’s own work-related mental health is to adhere to working hours and keep work communication to the hours you are contracted for. This is not rejecting the workload but is establishing boundaries that will offer a more sustainable job, career and mental health.

However, disconnecting is not as easy as that, and there are potential job or career impacts. These were recently discussed in an article in The Guardian written by Elle Hunt.

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