Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

Psychosocial hazards are now, formally, occupational diseases

On 25 March 2010, the International Labour Organization released an updated list of occupational diseases.  On the ILO website, it is stated that

“Mental and behavioural disorders have for the first time, been specifically included in the ILO list.”

All occupational diseases, including psychosocial hazards, had to satisfy the following criteria in order to be considered:

  • “…that there is a causal relationship with a specific agent, exposure or work process;
  • that they occur in connection with the work environment and/or in specific occupations;
  • that they occur among the groups of workers concerned with a frequency which exceeds the average incidence within the rest of the population; and
  • that there is scientific evidence of a clearly defined pattern of disease following exposure and plausibility of cause.”

The exact text from the revised List of Occupational Diseases Recommendation R194 is

“2.4. Mental and behavioural disorders

2.4.1. Post-traumatic stress disorder

2.4.2. Other mental or behavioural disorders not mentioned in the preceding item where a direct link is established scientifically, or determined by methods appropriate to national conditions and practice, between the exposure to risk factors arising from work activities and the mental and behavioural disorder(s) contracted by the worker”

What this means in practice is unclear and is likely to vary from country to country in relation to recognition of UN and ILO recommendations.  What it does establish is that an international authoritative OHS body has acknowledged the existence of psychosocial hazards.

“The Eagle has landed”  however there will remain some organisations who will always believe that occupational causes of psychosocial problems belong on the same sound-stage as the Apollo moon landings.

Kevin Jones

LTIFRs (sort of) gone from Australia Post

The Communications Division of the CEPU has been in negotiations with Australia Post for some time to establish a pathway to better industrial relations.  On 18 March 2010 a memorandum of understanding (MOU) was signed between the two parties, committing both to progress.

Of direct OHS interest is the following paragraph in the media statement about the MOU:

“As a gesture of good faith the MOU contains commitments from all parties that will apply immediately:

  • Australia Post will host a summit in April between senior executives including the Managing Director and senior CEPU representatives on the future challenges facing the business, the unions and their members; and
  • The removal of Lost Time Injury Frequency Rate’s in bonus targets for managers.”

Whether OHS will be discussed at the summit is unknown but the removal of LTIFR is of significance to OHS professionals.

Continue reading “LTIFRs (sort of) gone from Australia Post”

Some families in South Australia blame WorkCover for their partners’ suicides

In January 2010, Today Tonight in South Australia aired a disturbing report about the workers compensation reforms in that State.  It talks to two widows who blame WorkCover SA as contributing to their husbands’ suicides.  One man left a suicide note explicitly blaming WorkCover SA, emphasising his point by jumping to his death from the sixth floor of the WorkCover office building.

The video report is available HERE under the title WorkCover Suicide.

One of those interviewed in the story is Kevin Purse who undertook a report into the SA workers’ compensation system on behalf of SA Unions.   Continue reading “Some families in South Australia blame WorkCover for their partners’ suicides”

Small business can equal depression, stress and mental health problems

According to an article in  the Australian Financial Review on 16 February 2010 (only available online through subscription):

“The isolation of working at home or in a small shop or factory by themselves can wear down many in the small and medium  enterprise sector.  In the most severe cases, it can lead to depression and cause major problems for their family and business.”

Andrew Griffiths provides a quote that illustrates well the work/life conflict in the small business sector: Continue reading “Small business can equal depression, stress and mental health problems”

Don’t get sidetracked by depression marketing

Over the last couple of months, SafetyAtWorkBlog has written several articles on the psychosocial workplace hazard of depression, stress and anxiety.

Science Friday is a regular feature of the NPR  program, Talk of the Nation in the United States.  Last Friday, it focussed on depression.  Its speakers talked about how the diagnosis of depression has changed over the decades, sometimes to match the range of depression medications available.

Importantly there is a differentiation between depression and mental health. (Psychosocial disorders doesn’t seem to be a term used outside of OHS)  Depression is slowly becoming the collective term for sad, melancholy, unhappy, miserable, anxious……….  It is very important for workplace safety professionals to try to pierce the fug of depression marketing so that one is not distracted into the trap of treating workers for a personal problem rather than preventing the hazard through changing organisational attitudes. Continue reading “Don’t get sidetracked by depression marketing”

Work harder? You must be mad

On 24 January 2010, the Australian Prime Minister, Kevin Rudd, encouraged all Australians to increase their “productivity growth“.  But what if increased productivity could result in developing a mental disorder?

The February 2010 edition of the  Harvard Mental Health Letter includes a report that lists the following key points:

  • “Symptoms of mental health disorders may be different at work than in other situations.
  • Although these disorders may cause absenteeism, the biggest impact is in lost productivity.
  • Studies suggest that treatment improves work performance, but is not a quick fix.”

Will the Australian Government review its policy on mental health?  Will the Prime Minister accept that productivity and mental health are both long term problems that need strategies that extend beyond his next term in office? Continue reading “Work harder? You must be mad”

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