The right to disconnect is really a right to refuse to respond

While watching Maddocks’ recent webinar on the Right-to-Disconnect for its local council clients, I was reminded of a comment from one of Maddocks’ competitors, Steve Bell, of Herbert Smith Freehills in a seminar earlier this year (paraphrased):

“This is less a right to disconnect as a right to refuse to respond”.

The webinar summarised three contexts for the new Right-to-Disconnect laws – Industrial Relations, Occupational Health and Safety (OHS) and Governance.

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Male Loneliness and Work

Recent Australian research into male loneliness revealed some interesting work-related factors that employers may want to consider as part of their wellbeing and psychosocial change programs.

The research includes that among some social factors, like the persistent belief by men of having a breadwinner role:

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Yes, No or N/A?

Recently, SafeWorkNSW launched a health and safety campaign for those who provide services in people’s homes, essentially Home Care providers.  The message is good and simple, but this article is less about the campaign than the risk assessment and checklist forms they promote.

Many checklists expect a Yes/No answer but fail to ask a question.  SafeWorkNSW’s Home Safety Risk Assessment is an example of this problem.

Continue reading “Yes, No or N/A?”

Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  SAC reiterates that any sentence 

  • deters the offender and others from committing similar offences;
  • punishes the offender in a just manner;
  • facilitates the rehabilitation of the offender;
  • denounces the behaviour that the offender engaged in, and
  • protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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The Human Rights of workers strengthens

Work health and safety is a fundamental human right. Last year, I asked “so what?” Australia is strengthening the relevance of this international human right at the local level, but you wouldn’t notice unless you looked hard.

The federal government’s Joint Standing Committee on Treaties has been receiving public submissions on the ratification of ILO Conventions 191 and 187. It’s such a hot topic that it received only two submissions!!; neither opposed the ratification, but they provide some useful context to the aims of occupational health and safety (OHS) in Australia.

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The OHS context is almost missed as EAP bodies scrap

The increased interest in preventing and managing psychosocial hazards at work should draw more attention to a service that many employers rely on to handle this issue: Employee Assistance Providers (EAPs).

Recently, The Age newspaper ran an article called “Employers spruik workplace wellbeing services. But who is picking up the phone?” (paywalled). The hard copy article was “Doubts raised on workplace wellbeing services”. Both articles reported on EAP services that are not always being provided by qualified clinical psychologists, as these services used to be.

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The immediate future of OHS in the UK

Later this week, the United Kingdom hosts an election which the Labour Party, the “party of working people,” is expected to win. Its party manifesto has been out for some time, but its workplace strategy has received less attention. Given the synergies between the UK and Australian industrial relations and occupational health and safety (OHS), Labour’s Plan to Make Work Pay, deserves an outsider’s analysis.

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