Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Analysis of business impacts of COVID19

The Australian Industry Group recently released the results of a survey of its members about how COVID19 has affected their businesses. Understandably, the financial future of the businesses is the major concern but occupational health and safety (OHS) has been part of the business responses.

OHS was part of the initial scrabble to cope with the localised effects of a global pandemic. The report says

“Increased workloads due to new OH&S and healthcare procedures were still being reported by 6% of businesses in August, down from a high of 25% in the first stages of the pandemic in March. In Victoria, 10% of businesses reported concerns about the increase in this type of workload in August, compared with 2% in New South Wales and no businesses in Queensland.”

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WFH strategies and evidence

Last week’s article on the occupational health and safety (OHS) risks of Working From Home (WFH) reminded me of a report from late 2019 that I always meant to write about but forgot. In November 2019 the International Labour Organisation (ILO) released a report called Telework in the 21st century: An evolutionary perspective. It ‘s a collection of articles on teleworking from around the world and, although it is pre-COVID19, it remains fairly contemporary on telework and WFH practices and risks.

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WFH. What-Ifs. WTF?

On September 12 2020, The Australian’s workplace relations journalist Ewin Hannan wrote about working from home (WFH), a reasonable topic as many Australians have been asked to do this, often at the request of the State Government, in order to reduce and control the spread of the COVID-19 coronavirus. The structure of the article centred on the additional costs and risks to employers from having workers work from home, especially in relation to potential injuries and workers’ compensation. This perspective on occupational health and safety (OHS) is seriously skewed, but it reflects the dominant perspective in the media and the community. A little bit more research would have provided a more accurate picture about Working From Home.

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Liability, COVID19, Manslaughter and Working from Home – Welcome to the new OHS

Last week WorkSafe Victoria followed some of the other Australian States by requiring employers to report positive COVID19 cases as “notifiable incidents”. (If they can do this fro COVID19, shouldn’t it be possible to do the same for mental health disorders?) Expanding the pool of notifiable incidents is of little practical consequence but it is indicative of how occupational health and safety (OHS) management is changing, and how Industrial Manslaughter is becoming a pervasive threat.

Managing Liability

In the Australian Financial Review (AFR) on August 4 2020, employer liability for COVID19 incidents was discussed. Liberty Sanger of union-associated law firm, Maurice Blackburn, spoke of the importance of genomic testing to better identify the origin of the infection, ie. was it caught at work or at home.

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“Soldier On” should be “F### Off”

Many workers continue to work when sick. This is called presenteeism and in a time of infection pandemic, is a major problem. Many countries have addressed the COVID19 risks of presenteeism by requiring people to work from home if they can. In Australia, the message is not totally working with people ignoring the rules for various reasons.

However, presenteeism also has a deeper cultural and institutional origin that has been exploited by some and downplayed or ignored by others.

Continue reading ““Soldier On” should be “F### Off””

No OHS voice in this paper

Occupational health and safety (OHS) has always been part of the politics of industrial relations (IR) but it has rarely understood which part it plays as it has never really stood on its own two feet. In Australia, OHS advocates have been, primarily, from within the trade union movement. And for OHS professionals that was okay, as it allowed us to stay within our box, having others fight our battles. When those others weren’t as successful as we wanted, we remained content with the small achievements because they were achieved with minimal effort from us.

Australia, as it emerges from the COVID19 pandemic, is hoping to bring the camaraderie shared by the business groups, government and trade union to a new consensual IR strategy. OHS is an historical element of this discussion, but it needs to be more, and an OHS analysis of the Australian Industry Group’s IR reform paper released on June 6 2020 (but not yet publicly) may provide some clues on what to do about OHS influence.

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