The public submission process for Australia’s Independent Review of Work Health and Safety Laws closes today. So finish up your draft and tell the Government what is working and what is not. BUT if you cannot finish the draft, do what I did, and contribute directly to the Review using its online (Engage) portal which will remain open until the end of May 2018.
Safe Work Australia has told SafetyAtWorkBlog that the Review continues to seek:
Screen Australia has released its sexual harassment code of conduct. If any film project in Australia desires government funding it will need to comply with this Code. The Code is a good starting point and will need support from a broad range of elements of the entertainment industry but this Code is indicative of problems with many such codes that see the issue as a legal one rather than a safety and cultural one.
Infographics have become a popular format for distributing information about occupational health and safety (OHS) and other topics but they are often seen as a shortcut in consultation. They can be visually engaging but are often too shallow as the writers and designers try to depict safety data in the simplest manner. Terminology also needs to be consistent so that readability is most effective.
Recently Safe Work Australia produced
Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry. In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers Australia and provided strong advice on how businesses can control sexual harassment.
Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.
In 2018, Marie Boland will be conducting an independent review of Australia’s Work Health and Safety laws to see if the laws are
“… achieving their original objectives, and if they have resulted in any unintended consequences.”
We may already be seeing one of the unintended consequences. On December 22, 2017, SafeWork NSW granted an exemption on audiometric testing requirements.
One online news site in Australia has suggested that sexual harassment is an occupational health and safety (OHS) issue. At first blush, it should be. Sexual harassment can create mental ill-health and can certainly be harmful. But from the early days of discussions about workplace bullying and occupational violence in Australia, sexual harassment has been consciously excluded from OHS.
Is It or Isn’t It?
Some of the best discussion on bullying, harassment and violence was written by Dr Clare Mayhew for the Australian Institute of Criminology in 2000. These included a practical handbook on prevention. (It’s peculiar that some of the most perceptive works on OHS occur outside the OHS profession. Well perhaps not so surprising.) In the handbook, Mayhew points out that harassment has always been an element of workplace bullying but excludes sexual harassment from her discussion:
“The Australian Institution of Criminology believes that prevention, rather than post-incident reaction, is the key to improved outcomes. However, the handbook needs to be adapted specifically to each organisation for best results. The discussions exclude activity that could be described as sexual harassment, which is extensively dealt with elsewhere.” (page 1)
This position is reflective of the OHS literature yet, on reflection, this position may have been wrong for it contributed to a fractured approach to managing workplace psychosocial hazards.
On 12 December 2017, part of Australia’s screen and television industry held a forum in Sydney about sexual harassment in the sector and what could be done to reduce this workplace hazard. This initiative occurred a day before an open letter was published about sexual harassment in the music industry. There is a momentum for change on sexual harassment in the workplace, but it is at risk of resulting in a fragmented approach which will generate turf wars, confusion and, ultimately, ineffectiveness.
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