sex – Page 7 – SafetyAtWorkBlog

Working Alone in the Sex Industry

One of the strongest qualities that a consultant has is to provide a new perspective on an existing process. For over 10 years, I provided OHS advice to the Victorian sex industry. It started in response to a call for first aid advice from a dominatrix in Melbourne. I provided advice on the best treatment for scorch marks on nipples and how to best clean a leather paddle which may have had a small amount of the client’s blood in the seams.

My work culminated in drafting a book on OHS in the adult sex industry for CCH Australia. The company was restructured and my book was dropped. However much of the information in the 40,000 words already written is still valid and I was happy to allow part of it to be reproduced by RhED in the latest issue of their magazine for sex workers.

The strength of any OHS publication and guideline from the government is its applicability to those occupations on the fringes of society. The sex industry inhabits that fringe but few governments have provided OHS advice for the sector, although I admit that Australia is a leading provider of sex industry safety information.

In Red magazine, I have interpreted the Western Australian OHS guidelines on working alone to the sex industry. The guidelines were surprising useful.

As with many health work sectors or fringe industries, workers and employers don’t often look beyond the advice that is available from their industry association or government department. As such information from OHS regulators doesn’t always get to the industries where it is best needed. More guidelines in the sex industry need to come from a coalition of government departments. For instance, in Victoria, safety in the sex industry overlaps the Department of Human Services, the Department of Justice and the WorkCover Authority.

Safety in the sex industry seems to rely on consultants like myself (and you could count them on one hand) or organisations like RhED, the Inner South Community Health Service, and the Scarlet Alliance, to pull together these disparate safety guidelines in to a suitable package.

(For those interested in the sex worker industry, $pread Magazine in the US sometimes has useful safety tips and case studies)

UPDATE – 6 October 2008

RhED has posted an interesting profile on sexworkers in Victorian brothels. The statistics provide a very useful background to some of the information above.

UPDATE – 9 January 2008

The Red magazine article on working alone is now available online.

Kevin Jones

Using workers compensation claims as exit strategies

There have been two instances in Australia in the last week where workers compensation claims have made the news. The first was in relation to the suicide attempt by Tasmanian politician, Paula Wriedt. She has revealed that after the break-up of her marriage she had an affair with one of the government chauffeurs, Ben Chaffey.

According to one media report, Chaffey has argued

“that his employment became untenable as a result of the relationship and his employer’s response to it. He is seeking a severance payment thought to be about $A140,000 to compensate for this, and for stress and harm suffered.”

It is also reported that he has been on “stress leave” for several months.

The other case involves unfair dismissal action being taken by public transport ticket inspector, Glenn Hoyne in the Australian Industrial Relations Commission (AIRC) against his dismissal by Connex. Hoyne made accusations on a Melbourne talkback radio show about Connex setting quotas for issuing ticket infringement notices and that inspecting was a revenue-raising exercise only.

Connex investigated the claims and described the allegations as “bribery, blackmail or extortion”.

Hoyne took leave in December 2007 and submitted a workers compensation claim due to work-related stress. The situation was clearly tense.

The AIRC Deputy President, Brian Lacy, described Hoyne’s actions as not a threat to Connex but

“some sort of industrial claim, albeit misguided, for a severance payment.”

These two cases illustrate how murky human relations, and human resources, can be. Both parties are seeking recompense for actions that are work-related and both actions will result in a resolution. But neither will generate any real preventive action. One claim has been described as a pitch for a severance payout and the other is stress from a broken work-related relationship and the employer’s response to a sexual relationship.

When did people begin to expect a monetary payout above their entitlements for leaving a job that they didn’t like or for when a relationship with a work colleague ended?

A law firm newsletter from 2005 reported on a case of a stress claim, which may provide a counterpoint to the situations above:

“The employee claimed, and was successful in establishing that his stress was directly caused by his employer’s failure to keep him informed of changes in the workplace. In essence, the prospect of redundancy was seen as a sufficient causative factor in the employee’s work related injury.”

The newsletter goes on to advise

“employers must assess the circumstances and sensitivities of individual workers when making management decisions in order to avoid stress claims being made or where claims are made, to avoid liability for such claims.”

Maybe this is the only safety management lesson we can learn from the unhappy ticket inspector and the stressed-out chauffeur, manage your people well.

Could sexual abuse by priests be a breach of OHS law?

In early July 2008, serious accusations about the management of sexual abuse claims by the Australian Catholic Church came to the public attention. Considerable debate on this current round is available in the Australian media but the ABC show Lateline started the running on the matter. A useful starting point is an ABC news report on the initial claims.

This week I was conducting some OHS update sessions for a client in which I outlined that one of the objectives of Victoria’s OHS legislation is to

“protect the public from the health and safety risks of business activities”.

And there is a legislative obligation on employers to

“not recklessly endanger a person at a workplace”.

There is a further obligation on employees, in relation to workplace safety and the safety of the public to

“take reasonable care for self and others”.

I put the question to readers – could the sexual misconduct of priests be a potential breach of OHS law?

Independent okay for New Zealand’s sex industry

In 2000, sexworkers advocates in Australia published “A guide to best practice – Occupational health and safety in the Australian sex industry”. They tried for some time to have OHS authorities accept it as an industry-based code applicable to that particular State. As far as I know, they were unsuccessful but many of the elements of the guide have been picked up in various laws and licensing conditions since then. An updated soft version of the guide is available online, along with guidelines from other jurisdictions. (My edition of Safety At Work concerning the sex industry is still available as a free download)

I was reminded of this today when I saw a report from New Zealand about sexworker safety. It was reported that two Women’s Institute members from England have undertaken a world tour of brothel districts to determine the impact of local laws on prostitution. They were very impressed by New Zealand’s sex industry.

I am very impressed that an institution like the Women’s Institute undertook this activity. The realist approach to an activity that will never go away speaks volumes for how an organisation unfairly stereotyped is establishing a contemporary relevance.

Disclaimer: I treasure the WI Cookbook I purchased in the Lake District on my honeymoon over 20 years ago. It’s much better than some of the modern books that rely on manufactured ingredients.

Category: sex

Working Alone in the Sex Industry

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Using workers compensation claims as exit strategies

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Could sexual abuse by priests be a breach of OHS law?

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Independent okay for New Zealand’s sex industry

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