Category: SafeWork

Sexual misconduct research – Interview with Professor Marie Bismark

A lot of recent attention has been given to incidents of sexual harassment in Australian legal and finance corporations, in particular, and how these are being (mis)managed. COVID19 has thrown a big focus on the working conditions of health care workers. Last month, Australian research on sexual misconduct was released that is, essentially, a Venn diagram of the issues of sexual harassment and misconduct with health practitioners.

The lead author of the study, Associate Professor Marie Bismark, professor of Public Law at the Melbourne School of Population and Global Health, spoke exclusively with SafetyAtWorkBlog about the research findings.

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The failure of Leadership on sexual harassment

A picture not of Josh Bornstein. This is Male Champions of Change CEO Annika Freyer in the AFR’s online article

If prominent Australian lawyer, Josh Bornstein does not like something, it’s worth looking more closely at it. Last week on Twitter, Bornstein scoffed at the suggestion that occupational health and safety (OHS) could be a new approach to preventing sexual harassment in the workplace. He tweeted:

“To all those clamouring to support the idea that sexual harassment should be treated as an OHS issue, I have a simple message: Wrong Way, Go Back”

The OHS and sexual harassment nexus appeared primarily in response to a couple of articles (paywalled) in the Australian Financial Review (AFR) based on a leaked report from the Male Champions for Change (MCOC) organisation. Although the report is not publicly released for another couple of weeks, MCOC (hopefully not pronounced My Cock), proposes consideration of applying OHS laws and principles to sexual harassment.

The full report is likely to discuss the mechanics of this further but the advocacy of OHS is less interesting that the admission that MCOC and other leadership-based approaches to reduction and prevention of workplace sexual harassment have failed.

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“This is how silly OH&S has become” Not really

Truck driving is one of the most contentious areas of occupational health and safety (OHS) in Australia. The transport industry has refined a reasonably practicable level of OHS to a high degree where levels of fatigue that would not be tolerated in other occupations are the norm. There also seems to be a negative attitude to OHS as an impediment to getting the job done rather than an investment in the health of drivers and the longevity of their careers.

These attitudes were on display recently in an inquiry into the “Importance of a viable, safe, sustainable and efficient road transport industry” undertaken by the Rural and Regional Affairs and Transport References Committee of the Australian Senate.

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Responsibility and its denial

Occupational health and safety (OHS) laws are intended to clarify who is responsible for workplace health and safety and to assist those responsible to fulfil their OHS duties. But responsibility is hardly ever discussed in reality except after an incident. A core question at that time is “Who was responsible?”, with the social subtext being “It wasn’t me.” OHS laws have already established broad OHS responsibilities which we accept when we have to, but deny when we don’t.

Clear, defined roles and responsibility are core to our understanding of workplace health and safety and the establishment of a safe and healthy workplace, and also of corporate integrity and productivity.

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Mental health change needs to break out

On May 15 2020 Australia’s National Cabinet supported the National Mental Health and Wellbeing Pandemic Response Plan developed by the National Mental Health Commission. The focus was on the mental health impacts of the COVID-19 Pandemic but in the text was a reference to a National Suicide and Self Harm Monitoring System developed and run by the Australian Institute of Health and Welfare (AIHW). Given the dearth of valid data on suicide and after an earlier article questioning datasets, SafetyAtWorkBlog posed some questions to the AIHW about the monitoring system.

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All jobs are now more dangerous

The COVID19 pandemic has shone a spotlight on the government agencies that regulate and enforce occupational health and safety (OHS) laws. These regulators are not the lead agencies in pandemic control but as some countries relax lock-down protocols and people return to work in changed work environments, the role and actions of the OHS regulators are being re-evaluated.

Sarah O’Connor, in the Financial Times, opened her 26 May 2020 article brilliantly with

” Covid-19 has upended our notion of what a dangerous job looks like”

Office were often dismissed as low-risk workplaces with many site safety walks, if they happened, reporting on torn carpet and other similar hazards. That way of assessing risk should have been replaced, or supplemented, with assessments of the psychosocial risks of stress, bullying, a harassment, excessive workloads and many more harmful practices. So, offices may have a low risk of traumatic physical injuries but a higher level of risk of psychological harm. On top of this reassessment comes an infection risk that can be spread by workers showing no symptoms. Office-based risk has increased again and made the workplace itself dangerous.

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Running before you can walk on COVID19 and Mental Health

On May 15 2020, the Australian Government released a National Mental Health and Wellbeing Pandemic Response Plan. Mental Health has been on Prime Minister Morrison’s agenda since his election a year ago and the mental health sector is not going to be starved of government funds during his tenure.

Mental ill-health has been talked about throughout the current COVID19 Pandemic and has been forecast to increase due to the economic disruption and the requirements for social isolation. To some extent, the low numbers of COVID19 deaths in Australia has allowed it a “luxury” of addressing mental health, but some of the justifications seem not as strong as claimed and the National Mental Health Plan omits any consideration of occupational health and safety (OHS) other than for those in the health industry; the so-called “frontline workers”.

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