Back to the old office in a new world

Many employers are rattling around floors of empty offices while their employees are working remotely or at home and almost entirely due to modern telecommunications. This has not been at the request of employers but due to government lockdown requirements. The push to have workers return to multi-storey offices is reflective of the desire to return to normal rather than accepting that established business structures have been rendered impractical or unfeasible for the coronavirus future.

A recent article in the New York Times illustrates this new circumstance well. The article, titled “New surveys show how pandemic workplace policies are shifting“, says that the major information technology companies in the United States that every business seems to want to emulate even though their practices are very questionable are continuing to postpone the return of workers to bricks and mortar (or glass and stainless steel) offices. The NYTimes article is the first to discuss this phenomenon and its relation to mandatory vaccinations.

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Established safety practices should still be investigated

Every profession has safety practices that have existed for years and are integral to that profession’s character and operations. These have usually occurred because of correlation more than a cause, and occupational health and safety (OHS), in particular, advocates evidence-based decisions.

One longstanding example could be the mandatory wearing of lace-up ankle-high safety boots for working in the construction of railway infrastructure. Another could be the current debate over the effectiveness of face masks for protection from dust particles and airborne infections.

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OHS progress needs out of the box thinking

It is generally understood that the attempt to harmonise Australia’s occupational health and safety (OHS) laws failed to achieve the level of change and integration expected. The laws are more harmonised than they were but each jurisdiction claimed special needs and so multiple jurisdictions continue to exist with their own laws and one State, Victoria, is still giving the bird to the rest through poorly justified arguments and pigheadedness. This unwillingness to even consider change, outside of established parameters, is a major impediment to the development of safe workplaces and work practices.

For example, Australia still desires nationally consistent OHS laws as this exchange between Deborah Knight, of radio station 2GB and the CEO of the Business Council of Australia, Jennifer Westacott, shows:

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Can the sex industry be the same as any other industry?

The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:

“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”

That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?

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Steve Bell outlines the challenges for the OHS profession and Regulators

Almost every year, for a couple of decades, Herbert Smith Freehills (HSF) and the Australian Institute of Health and Safety (AIHS) have conducted a breakfast seminar to “launch” the year. That schedule has been cocked up by COVID-19, but the events continue.

The August 2021 breakfast featured several of the usual speakers but with the omission of the Minister for Workplace Safety or a senior representative of Worksafe Victoria. As a result, the event dragged a little. Most of the information was useful, but the event lacked the spark it often has. Perhaps this was the online format, perhaps the mix of speakers, perhaps the 90-minute length.

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NZ research into transport industry OHS is relevant everywhere

In 2019, Victorian Premier Daniel Andrews flagged that incidents involving commercial vehicles would be reflected in workplace health and safety statistics. There has been little visible change on this pledge. Still, recently WorkSafe Victoria reviewed its work-related fatality statistics to include truck fatalities and other causes of work-related deaths for the last couple of years. Guess what, the number of deaths almost doubled for that period from 26 to 49!! What would the rate of serious injuries be if it was also reassessed?

New Zealand undertook a similar exercise a few years ago, which has led to a significant research project into that country’s transport industry and supply chains, a research project with substantial relevance to Australia and elsewhere.

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Does the tail wag the dog or vice versa?

Trade union opposition to mandatory vaccinations against the Covid-19 virus continues, primarily because they feel left out of the conversation at SPC. However, the support for at least not dismissing mandatory vaccinations is growing.

In The Australian on August 18 2021, the lawyer advising SPC on its vaccination policy, Joel Zyngier of Gilchrist Connell, said

“Twelve months ago we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Six months ago, we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Now it’s a reasonably practicable step and so it’s something that employers must consider as part of their occupational health and safety or work health and safety duties,”

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