Category: SafeWork

Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here’s when they can

[Editor: this article has been reproduced from The Conversation’s website under the Creative Commons licence.]

Joo-Cheong Tham, The University of Melbourne

Australia’s official policy on vaccines is that they be voluntary and free. But the federal government hasn’t shut the door completely on employers pursuing mandatory policies of their own.

Last week the federal government reiterated it won’t use its powers to give employers a free hand to mandate vaccines. Yet Prime Minister Scott Morrison also said:

Decisions to require COVID-19 vaccinations for employees will be a matter for individual business, taking into account their particular circumstances and their obligations under safety, anti-discrimination and privacy laws.

So far just two Australian companies — regional air carrier Alliance Airlines and canning company SPC — have declared they will make a COVID-19 vaccination mandatory for their workers.

The reason so few have declared such intentions is because the law isn’t on the employer’s side. There are only limited circumstances where workplace vaccine mandates are likely to be found lawful.

Continue reading “Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here’s when they can”

Business is getting some clarity on COVID-19 vaccines and a reminder to act

On August 12 2021, the Chair of Safe Work Australia, Diane Smith-Gander entered the fray over making COVID-19 vaccinations mandatory in an article in The Age. Later that day, in the absence of any clear guidance on the issue from the Federal Government, The Age reported that the Fair Work Ombudsman will be providing guidance on 4 tiers of workplaces relevant to assessing COVID-19 exposure risks.

The combinations of advice from these sources, greatly clarify what businesses can do to improve the safety of their workers and customers. The reticence to take reasonable occupational health and safety (OHS) steps by business groups will remain but the clarity they have been requesting will soon be available.

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To boldly go where no Australian company has gone before

The response to SPC’s decision to mandate COVID-19 vaccinations for its workers, contractors and visitors illustrates a common misunderstanding of occupational health and safety (OHS) management, poor OHS literacy and some industrial and media rent-seeking.

On ABC Radio’s PM program in early August 2021, the main objection of Andrew Dettmer of the Australian Manufacturing Workers Union was insufficient consultation prior to SPC’s decision. (Really?! What about the validity of the company’s OHS decision?) Dettmer said:

Continue reading “To boldly go where no Australian company has gone before”

SPC shows leadership on mandatory vaccinations

The first week of August 2021 has been a big week for the discussion of mandatory vaccinations for Australian workers. A major Australian fruit cannery in regional Victoria, SPC, has stated that all of its workers, visitors to the site and contractors will need to be fully vaccinated by November 2021. This is being done to protect workers, the community and to maintain the food supply.

There are many lessons from SPC’s decision and the subsequent discussion has been largely predictable. What has been missing from almost all of the discussion is the occupational health and safety (OHS) perspective. This article and others will look at the issue and how the health and safety benefits have been presented in the mainstream media.

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Frogging the National OHS Strategy

Australia has commenced its consultation process for the development of its next ten-year national occupational health and safety (OHS) strategy. These are peculiar documents as no one ever seems to be punished for not achieving the targets or the performance targets are so narrow or general that it is impossible to not achieve them.

One of the elements that all such strategies seek is “emerging hazards”. Even harder is when they seek hazards that no one else has considered or have yet to emerge. One of the challenges with these strategies is less about what they say than how they are implemented and enforced.

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The OHS agenda of the Australian Labor Party

Given that the protection of worker health and safety will gain more attention and support under progressive parties and governments, the release of the 2021 National Platform for the Australian Labor Party (ALP) is notable. The 2021 document, unsurprisingly, focuses on the role of Health and Safety Representatives, appealing to its financial and political trade union base as major influencers on occupational health and safety (OHS).

This article will focus on the chapters in both the 2021 and 2018 platform documents related to safe and healthy workplaces, although there are OHS-related issues dotted throughout both documents.

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What is behind the fluctuation of mental health claims?

If you are contemplating running a survey about workplace health and safety, make it longitudinal. That is, structure your survey so that data can be compared over a long period of time by clearly defining your questions to the general rather than the topical. Topical questions can be included occasionally (they can freshen up a survey), but the core of the survey needs to be robust.

Recently Safe Work Australia (SWA) released the 6th edition of workers compensation claim data for psychosocial health and safety and bullying in Australia. It is a short statement of data that offers some interesting trends and continues the survey’s limitations.

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