One of the hottest occupational health and safety (OHS) issues at the moment is Industrial Manslaughter but this is just one aspect of the enforcement of OHS and prosecution for breaches. In June 2019 a two-day conference on OHS/WHS Prosecution and Enforcement is being held in Melbourne, Australia with a list of respected speakers who are prominent in Australian labour law circles.
The conference is more expensive than some other OHS conferences but the list of speakers is impressive and the theme could not be more topical. (A brochure is available for download) Until March 15 2019, Criterion Conferences is applying an Early Bird discount of $500 for each delegate. SafetyAtWorkBlog has negotiated a further discount applicable to Subscribers only.
Australian research into
occupational health and safety (OHS) is a lot less than research into other
areas of business and management, especially in relation to the psychological
wellbeing of workers at all levels of the corporate structure. As such, it has become common for experts,
advocates and researchers from the social, non-work, public health areas to
overlay general and broad research findings on to workplaces – they are, in
effect, filling a vacuum. But just
because the OHS research into psychological harm is thin or immature does not
mean that work does not have its own characteristics.
Over many years OHS has
produced research and guidelines that include the psychological effect of
sexual harassment, but it has been ineffectual or ignored for may reasons. This submission is an attempt to illustrate
the potential already in existence
in Australia that could be used to prevent sexual harassment-related
This submission has
drawn almost exclusively on Australian-based documentation and research to
better satisfy the title and aim of this Inquiry. This is not saying that actions and data from
overseas are not relevant: there is some excellent information on the matter
from the European Union,
for instance. But quite often people seem to look overseas for evidence and
solutions when Australia already has good research and advice, if one looks.
Summary of key points
harassment often results in psychological harm to workers, and employers and
PCBUs already have a legislative obligation under OHS/WHS law to eliminate
(prevent) risks to health and safety, including psychological risks.
accepting that sexual harassment is a form of workplace violence, new
prevention options may be available.
has a range of general and specific guidance on the systematic prevention of
the psychological harm generated by sexual harassment, produced by Federal and
State or Territorial health and safety regulators.
of sexual harassment may be extremely disruptive to workplaces even though it remains
the most effective control measure.
strategy to prevent sexual harassment must have a multidisciplinary and
assessment of sexual harassment risks can be determined to internationally-recognised
The National Inquiry into Sexual Harassment in Australian Workplaces has started to release some of its public submissions. The Inquiry has received a lot of submissions but this blog will continue its search for strategies to prevent sexual harassment and the related psychological harm, as indicated in the Inquiry’s terms of reference and reiterated repeatedly by the Sex Discrimination Commissioner, Kate Jenkins.
One submission by Anita McKay is very detailed and titled “Recent Developments in Sexual Harassment Law: Towards a New Model”.
As the dominance of neoliberalism weakens around the world, people are fearful of what comes next. In some sectors, that fear includes occupational health and safety (OHS). OHS is a business cost, in the same way as every other cost of running a business, but it is often seen as an interloper, a fun-sucker, a nuisance and/or an impediment to profitability. This misinterpretation needs to be contested.
On 1 February 2019 the Minerals Council of Australia issued a media release about occupational health and safety (OHS) in the mining industry and, in particular, Industrial Manslaughter laws. SafetyAtWorkBlog approached the MCA’s CEO, Tania Constable, for clarification.
The release stated:
“The MCA cautions that the introduction of Victorian Government’s industrial manslaughter laws will give rise to unintended consequences which impair, rather than enhance, health and safety outcomes at Australian workplaces. These laws will not contribute to general or specific deterrence or improvements in health and safety outcomes. This must be the priority, not imposing oppressive and unnecessary criminal liability on selected individuals”