The topicality and importance of many issues highlighted in early 2020 have disappeared. One of them was the issue of sexual harassment in the workplace and Libby Lyons, Director of the Workplace Gender Equality Agency, has released the speech she intended to give at the, now cancelled, Commission on the Status of Women meeting at the United Nations. Lyons said this about sexual harassment and employers:
Last week the Australian Council of Trade Unions (ACTU) released some research into workers and COVID19. It is not peer-reviewed and there will certainly be much more research into the disruption and personal and occupational responses to the coronavirus disruption over the next few months. The survey results do not specifically analyse occupational health and safety (OHS) issues but there are clues to future considerations.
The media release, understandably, discusses the changed employment status or arrangements. The OHS hazards associated with precarious work are well-established and the survey illustrates the extent of precarity in Australian workplace, so mental health issues are going to come to the fore as government-imposed isolation continues and/or businesses reopen.
The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage over this situation has been in the United Kingdom, but a similar situation could easily have occurred in Australia, New Zealand and elsewhere if those governments had not acted as quickly as they did or were less better prepared.
Some research has already commenced on healthcare worker infection deaths showing important initial clues on how governments, hospitals and medical employers can do better.
The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:
“How WorkSafe applies the law in relation to Reasonably Practicable”
What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.
The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.
In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.
Dr Rebecca Michalak is the founder of PsychSafe, a company advising companies on issues related to the interconnectedness of occupational health and safety (OHS), Human Resources (HR) as well as the psychological hazards and structures at work and of work. Her combination of skills and experience is a new one for Australia and Dr Michalak is quickly becoming a strong influence on workplace health, safety, and corporate governance.
Dr Michalak has accepted the opportunity to provide a more personal insight into what she does and why she does it in the latest in a series of articles about humanising OHS.
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The discussion about recovery from the COVID19 pandemic is starting, particularly in Australian and New Zealand where the infection and death rates seem to be declining quicker than in other countries. The Business Council of Australia (BCA) released its recovery plan on 20 April 2020. The media release is entitled “Business crucial to a safe return to normal“. The word “normal” is more loaded at the moment than normal 🙂 because it belies an assumption that what existed before the outbreak of COVID19 is how the world should be, even though the pandemic has illustrated weaknesses in what used to be the “normal”.
SafetyAtWorkBlog will focus on those elements of the BCA plan that directly or indirectly affect the physical and psychological health of workers but there is also some text, and subtext, that illustrates the ideological position of the BCA.