Danger Money has been internalised

Late last century I worked in the Victorian Department of Labour as an administrative officer, at a time when award restructuring and “structural efficiency principles” were in full swing.  The existing awards often included a swathe of special allowances for activities like working at heights or picking up roadkill.  These allowances were commonly called “dirt money” or “danger money” and were largely eliminated or incorporated in the base rates of pay through the restructuring of awards.

The concept of “danger money” has disappeared from the formal industrial relations (IR) processes in Australia but is an important one to remember in the context of occupational health and safety (OHS), particularly as there are renewed calls for IR reforms in Australia.

Workers continue to accept high risk activities in response to higher rates of remuneration, as was recently discussed in another SafetyAtWorkBlog article.  Below is one take on “danger money”and the OHS attitudes of trade unions

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USA response on sexual harassment is interesting but can be better

Australia continues to develop various Codes and Guidances for the prevention and management of sexual harassment, particularly in the creative industries.  America’s Screen Actor’s Guild (SAG) released some guidance about its Code of Conduct on April 12 2018. It is educative but Australia can do better.

A positive in SAG’s announcement is that it clearly places sexual harassment under the category of workplace safety which allows for a broad approach to the hazard and one that is supported by legislation and an employer’s duty of care. 

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Action demanded on sexual harassment in the entertainment industry

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.

The

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The OHS challenges presented by penises, testicles and hotel sex

Every profession and occupation has its weird stories, the “you wouldn’t believe it” stories.  Occupational health and safety (OHS) is no different.  There are stories of a degloved penis, complications from piercings in private places or chemical burns on private parts that reinforce the important of washing hands thoroughly after touching chemicals. Such stories can be…

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Sex Work regulations review safety obligations

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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.

Sex, work, liability and safety

There is a constant tension between occupational health and safety (OHS) and workers compensation. OHS is intended to prevent harm and workers compensation is available for when harm cannot be, or has not been, prevented.  In Australia, these two elements of safety are administered by different organisations under different legislation but it is a distinction that baffles many.   The recent discussion about a sex-related workers compensation claim illustrates this bafflement to some degree.

This time last year Comcare filed an appeal over a Federal Court decision regarding

“A Commonwealth employee is seeking workers’ compensation for injuries sustained after a light fitting was pulled from the wall of a motel during sex, on a business trip.”

(A good summary of most of the legal proceedings is provided by Herbert Geer.)

The case has received wide media attention mostly for the salacious matter of the case, and some political attention, but the purpose of the appeal, according to Comcare, was

“… to seek a High Court ruling on the boundaries between private Continue reading “Sex, work, liability and safety”

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