Can we move on from HSRs, please?

Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.

This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:

  • “elevation of the role of health and safety representative (HSR) at the workplace
  • clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”

The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.

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WorkSafe advertises for a sex work Project Officer

WorkSafe Victoria is advertising for a Program Officer for its new sex work industry obligations. It’s a tough ask as the candidates will need to combine a good level of occupational health and safety (OHS) knowledge with a close, effective association with the local sex work industry networks.

WorkSafe has outlined its expectations for sex work OHS with these suggested considerations:

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Can the sex industry be the same as any other industry?

The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:

“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”

That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?

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Sex Work review includes many OHS matters

The Victorian Government has announced a review of the regulations pertaining to sex work. It will include several areas related to occupational health and safety (OHS):

  • Workplace safety including health and safety issues and stigma and discrimination against sex workers
  • Regulatory requirements for operators of commercial sex work businesses
  • And the safety and wellbeing of sex workers, including the experience of violence that arises in the course of sex work and as a consequence of it, and worker advocacy for safety and wellbeing

Consumer Affairs has carriage of the Sex Work laws but the breadth of the review would have been better served if the announcement had been a joint one with the Minister for Workplace Safety and Minister for Health.

This review should offer a real challenge to Victoria’s OHS laws, the OHS profession, consultants, advocates and critics.

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What do sex work and truck driving have in common? Non-work-related fatalities

It is widely acknowledged that work-related incidents are under-reported through worker or management choice. But there are institutional practices that mean that incidents in company vehicles are reported as traffic incidents even though the driver may be obliged to follow company safe driving procedures and the car has been purchased exclusively for work activities. But this situation is not just related to transport. Last week, Michaela Dunn, was murdered by a client while at work but her death will not be recorded as a work-related death.

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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)

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