brothel – Page 2 – SafetyAtWorkBlog

A narrow view on sex work safety

Dr Caroline Norma had an opinion piece published in The Age newspaper on October 24 2018 that fails to acknowledge the occupational health and safety (OHS) duties of Victorian businesses operating sexual services. SafetyAtWorkBlog has looked closely at OHS in this industry sector before and has previously communicated with Dr Norma on sex work safety. Dr Norma’s current article illustrates a common perspective on workplace safety and health issues where one set of legislation dominates the public policy conversation rather than the multidisciplinary approach.

It is necessary to clarify Dr Norma’s opening statement:

“The Victorian Labor Party will consider fully deregulating the state’s sex industry if re-elected to office in November.”

According to the 2018 Platform of the Victorian Australian Labor Party (ALP), in the context of Human Rights and Equal Opportunity, the ALP will:

“recommend that the Victorian Law Reform Commission consider decriminalisation of all sex work in Victoria as per other systems recognised internationally by human rights organisations.” (page 87)

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Sex Work regulations review safety obligations

SafetyatworkV2I7-cover — 2000 edition of SafetyATWORK magazine addressing some of the OHS issues in brothels

Consumer Affairs Victoria (CAV) is seeking public comment on some proposed revisions of the Sex Work Regulations. Several revisions specifically address workplace safety issues but also indicate out-of-date thinking on worker safety and safety management.

Victoria licences its brothels and, as such, the occupational health and safety (OHS) laws apply as they do to all workplaces. However, the regulators of the sex industry seem to perceive OHS usually in terms of sexual health and hygiene even though statistics have shown that these issues are low risk hazards. This perception has lasted well over a decade as this 2000 article from National Safety magazine shows. Continue reading “Sex Work regulations review safety obligations”

Brothels continue to misunderstand the employee/contractor difference

For many years the brothel industry in Victoria has struggled with its occupational health and safety obligations, not because it does not understand them but that it denies OHS laws are relevant as many in the industry continue to believe that sex workers are not employees. Some use a Tax Office ruling on employee status to support their argument against OHS.

A recent investigation by the Fair Work Ombudsman (FWO) seems to further illustrate the industry’s misunderstanding of employees. According to an FWO media release nineteen brothels, over 70% of brothels investigated, underpaid clerical staff around $A65,000 but of more relevance to OHS is that

“Some businesses were found to have misclassified employees as independent contractors.”

This was a position put by many brothel owners and industry lobbyists when I was consulting and writing about the industry almost a decade ago. For a long time OHS laws have extended beyond the employee/employer relationship to include those affected by the work being undertaken on the premises. The more modern Work Health and Safety laws go further by focussing on the work activity rather than the place of work.

As the OHS/WHS focus increases on psychosocial hazards – impairment, fatigue, stress etc – the adult entertainment industry has particular challenges; challenges that could be seen as threats or opportunities but certainly challenges that will not go away. It is very positive that the industry groups have agreed to support a specific website for the sex industry but now they need to start working seriously on complying with their OHS/WHS obligations through collaboration, consultation and innovation, instead of denial.

Kevin Jones

More on this industry and this topic can be found in an earlier SafetyAtWorkBlog article.

Short-sighted redefinition of worker

In May 2013, Workcover Queensland supported the government’s intention to change the definition of worker to match that of the Australian Taxation Office (ATO). The definition re-emphasises the significance of the employer/employee relationship. Workplace health and safety laws through most of Australia have recently changed to remove the reliance on the employer/employee relationship with the intention of clarifying the lines of responsibility for preventing harm. The diversity between workers’ compensation and OHS definitions unnecessarily complicates the management of a worker’s health through the linear experience of employment.

The government believes such changes will reduce “red tape” but only in the narrow context of workers compensation. The Work Health and Safety Act expands the definition of worker but another piece of legislation in the same State restricts it. Inconsistencies of concepts are likely to lead to duplications, confusion and arguments that may generate as much unnecessary business and legal costs as the initiatives were intended to save. Continue reading “Short-sighted redefinition of worker”

One industry sector continues to struggle with new OHS obligations

Some companies and industry sectors are struggling to cope with a major change to Australia’s occupational health and safety laws – the removal of the employer/employee relationship. One example of an industry struggling with the change is the sex industry, more specifically, the licensed brothels.

In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation. In Australia these are two separate sets of laws, administered, often, by different government agencies and through different mechanisms, even though to effectively manage workers business needs to operate as if the demarcation does not exist. Many industries and professionals also make the common mistake of believing that a judgement in one area of law applies to other areas.

For many years the brothel industry* in Victoria, in particular, has believed that a ruling by the Australian Taxation Office (ATO) – that sex workers (or sexual service providers, the preferred term by the brothel industry) are not employees of the brothels – also relates to the OHS laws. The argument goes that, as the ATO has said that no employment relationship exists for taxation purposes, there are no, or limited, OHS obligations on the brothel owners for the sexworkers. This is bollocks, has always been bollocks and I have personally advised representatives of the brothel industry over many years that it is bollocks but the misunderstanding persists. Sadly, this persistence could impede the progress of the brothel industry to comply with the new Work Health and Safety laws.

Continue reading “One industry sector continues to struggle with new OHS obligations”

Academic clarifies objections to sex work

Caroline Norma of RMIT University responded to some questions about sex work and brothel safety put to her by SafetyAtWorkBlog in response to her recently published opinion piece. This article is a companion piece to an earlier SafetyAtWorkBlog article on sex work and safety.

SAWB: What action do you recommend that brothel owners should take, beyond the current legislative and licensing requirements, to ensure that only safe sex occurs on their premises?

CN: “Brothel owners are currently commissioning violence against women by operating prostitution businesses. Prostitution is inherently a practice of violence against women, and can’t be made ‘safe’ for women by any action by pimps. In fact, brothel owners have a financial conflict of interest with regards to ensuring the safety of women in their venues, because clients will pay more for unprotected sex acts, violent sex, body punishing sex acts like anal penetration, sex with younger women, etc.” Continue reading “Academic clarifies objections to sex work”

Brothel safety gains new media attention

The occupational health and safety of sex workers is one of the most difficult areas to write about as the industry is politically and ideologically charged with matters of feminist ideology, human rights and sex trafficking, religious morality and NIMBY lobbying. In such an environment, it is important that the OHS needs of sex workers not be forgotten.

On 13 July 2011, The Age newspaper reported on the threat of legal action by one sex workers on a Victorian licensed brothel, Butterflys of Blackburn. The article raised many OHS issues for the brothel industry. In short, the article reports that a sex worker is suing the brothel because the brothel, allegedly, established an expectation that the sex workers would allow unprotected sex, sexual acts without a condom or other protection, an offence under Victorian law. This particular sex worker’s experience in Butterflys of Blackburn was that, when refusing unprotected sex to a client, the client assaulted her, attempted to rape her and threatened her with a gun.

The Age reports that the woman “has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.” The worker is already receiving workers’ compensation and is pursuing compensation for permanent impairment. Her plans for suing the brothel relate to the accusation that the brothel failed to provide a safe workplace. Continue reading “Brothel safety gains new media attention”

Category: brothel

A narrow view on sex work safety

Like this:

Sex Work regulations review safety obligations

Like this:

Brothels continue to misunderstand the employee/contractor difference

Like this:

Short-sighted redefinition of worker

Like this:

One industry sector continues to struggle with new OHS obligations

Like this:

Academic clarifies objections to sex work

Like this:

Brothel safety gains new media attention

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: