Many employers remain unaware of positive duties to prevent sexual harassment at work

A new report on sexual harassment at work by Ourwatch has been reported on by the Australian Broadcasting Corporation (ABC). The report says:

“…. found 40 per cent of workplace leaders surveyed were unaware of their new legal obligations to prevent workplace sexual harassment.”

Given that the core legislative obligation to prevent sexual harassment is over 40 years old, perhaps better questions could have been asked.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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Useful but limited information on discrimination and harassment in Australia’s tech industry

A not-for-profit organisation, Grapevine, released a short annual report on workplace discrimination and harassment notifications. The report received some attention in Australian media as these workplace hazards continue to be topical. The issues blend into the occupational health and safety (OHS) discipline, but the discussions were marked for omitting the OHS and regulatory context.

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If it cannot be done safely, it should not be done at all

“If it cannot be done safely, it should not be done at all.” I have heard this phrase repeatedly over the last 12 months in particular. It is a truth, but it also avoids all of the flexibility our occupational health and safety (OHS) laws, institutions and interpretations have allowed for decades. Perhaps our tolerance of this flexibility is fading.

I was reminded of the quote above when reading an article (paywalled) in The Times on October 17, 2024, written by Will Humphries titled “Army sexual harassment: ‘People wouldn’t join if they knew the truth’”.

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Plenty of what and how with a little bit of why

Psychosocial hazards are gaining attention online, but the pace of change remains sloth-like. Two recent online events provide good, basic occupational health and safety (OHS) and organisational psychology information and some insight into the slow pace.

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HWSA’s manual handling challenge

Recently, Australia’s Heads of Workplace Safety Authorities (HWSA) produced a position paper that said:

“‘How to lift’ training programs do not reduce the incidence of musculoskeletal disorders. Despite this, a recent survey found that almost 80 percent of employers had provided ‘how to lift’ training to their workers in the past two years…

Providing ‘how to lift’ training does not prevent work-related musculoskeletal disorders. ‘How to lift’ training does not change any of the hazardous manual task risk factors that workers are exposed to, nor does it address the source/s of the musculoskeletal disorder risk…”

This is a further example of employers being sucked into occupational health and safety (OHS) related programs that do not work. Wellness has been seriously questioned, gym ball seating, back belts… and more. However, it seems that research is less of a challenge than communication.

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“Does my business comply with the OHS/WHS law?”

Employers struggle to know if their businesses comply with the local occupational health and safety (OHS) or work health and safety (WHS) laws. They always have and, likely, always will. Employers are hungry for certainty and are often annoyed with OHS advisers who refuse to give a definitive answer to the question in this article’s title.

In the 1990s, particularly in Victoria, there was almost a frenzy for a simple audit tool developed through WorkSafe Victoria called SafetyMAP. It disappeared well over a decade ago, but my Goddess, it was popular, and small business operators especially wanted it. Even when its effectiveness was questionable.

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