Tooma on Mental Health – Review

Michael Tooma is probably the most prominent occupational health and safety (OHS) lawyer in Australia. His latest book is, a little pretentiously, called “Michael Tooma on Mental Health“, but it fits with the series of OHS-related publications he has written for Wolters Kluwer. Unusually for a lawyer, there are only two chapters that specifically discuss legislative obligations, and, in many ways, these are the least interesting.


Positive Mental Health

In the Introduction, Tooma goes out of his way to stress the positive benefits of work. He is critical of the current OHS approach to workplace stress writing that we seek a “Goldilocks” application of perfection when this is really subjectively determined by each worker. Tooma challenges this in a major way through the 2012 study by Keller and others:

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Australia government releases its COVID19 Safe Plan template

Australia’s National COVID-19 Coordination Commission (NCCC) has released what it calls a toolkit for assessing COVID19 risks for businesses that are reopening soon. It is a useful checklist/template that the NCCC anticipates will take around 30 minutes to complete. What legal standing it may have is unclear as OHS in most Australian workplaces is regulated at State and Territory levels, but the Prime Minister says we need COVID Safe Plans and here’s a checklist to support it.

Business owners should understand that any checklist is only ever a tool to aid them to make an informed decision. It is not a compliance tick. Sadly, the COVIDSafe Plan template fails to answer its first question:

“Why is it important to have a COVIDSafe Plan?”

The answer should have been something like

“….all Australian business owners are obliged by law to provide workplace that are free of health and safety risks, including viral infections, like COVID19. This plan will help you fulfill your obligation which will also reduce the transmission of COVID19 and could save lives.”

The legal and moral reason for this checklist should have been upfront to emphasise the primacy of occupational health and safety (OHS) in helping control a public health risk.

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Quirky safety cards

Conferences usually provide delegates with goodie bags of promotional material from sponsors and speakers. Most of it is dross but the bags often include quirky items such as drink bottles, stress balls, baseball hats, sunscreen, which can also be silly, but occasionally there are some that are useful and notable.

SafeWorkNSW produced a deck of playing cards where safety statements or aphorisms replaced the pictures of two-headed royalty and card symbols. This is the type of item that may be left in a glovebox of a car for times of imposed idleness, but I have only seen playing cards used once on a worksite (exempting the playing of Uno by tax office employees in the early 1980s at the morning break after the tea ladies brought chocolate and cream buns). A construction site I was working at was “rained off” one day and the cards came out.

The use of such safety playing cards is intended to be a useful subliminal way of reminding workers of the importance of safety. Given that the longevity and success fo safety posters is very limited, the card strategy may be worth considering by other organisations.

If you have an example of a useful OHS promotional item, please send through an image and/or a description via this email link.

Kevin Jones

The concept of “Coercive Control” should be applied to workplace violence

“Coercive control” is getting attention in New South Wales in relation to domestic violence but there are similarities to workplace behaviours such as sexual harassment and bullying.

The Chief Psychiatrist of Victoria’s “guideline and practice resource: family violence” says

“Family violence is understood as a pattern of repeated and
coercive control, aiming to control another person’s thoughts, feelings and actions.”

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Resilience training remains contentious

The issue of resilience training and its role in managing workplace mental health continues to confuse at a recent mental health conference.

Yesterday, several experts were critical of resilience training or, more accurately, the over-reliance on worker-focussed interventions when evidence shows that more sustainable benefits are obtainable by addressing the structural factors leading to poor mental health at work. One of the experts specifically said that resilience training may be relevant to emergency services workers where their workplaces are so dynamic that it is almost impossible to anticipate mental health hazards.

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Hand washing and safety

The appearance of a new coronavirus (Covid19) has again thrown a focus on hand hygiene. This is an occupational health and safety (OHS) issue as the risk could appear at work and, in Australia, suitable toilet amenities are required under OHS Acts and Regulations. But how do you wash your hands safely? Let’s look at one recommendation.

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The Brady Report busts myths and offers a new way

A bombshell occupational health and safety report was tabled in the Queensland Parliament on February 6, 2020. Dr Sean Brady of the Department of Natural Resources, Mines and Energy undertook a forensic assessment of mining fatalities occurring over almost 20 years and has made recommendations that busts some mine safety myths and offers a, potentially very disruptive, way forward.

Brady issued 11 recommendations with many of them hitting the OHS regime of mining companies and safety regulators hard. As the report is over 300 pages, this article is based largely on the Executive Summary.

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