“as far as politically practicable”

Last week WorkSafe Victoria announced that it was prosecuting the Department of Health over breaches of its occupational health and safety (OHS) duties with the management of Victoria’s Hotel Quarantine program. There is very little information available beyond what is included in the WorkSafe media release until the filing hearing at the Magistrates’ Court on October 22 2021.

Most of the current commentary adds little and usually builds on the existing campaigns to charge (Labor) Premier Dan Andrews with Industrial Manslaughter. Still, it is worth looking at WorkSafe’s media release and the thoughts of some others.

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Angry workers demanding access? OHS has got this – sort of

The reopening of workplaces in some Australian States is causing alarm over potential violence and abuse from those who do not meet or choose not to meet the new COVID-19 access requirements. This is perhaps most succinctly put in a recent article in The Guardian (paywalled) asking “… who will enforce rules for unvaccinated customers” – a question with which many employers are struggling.

The article discussed the expectations of employers about the rules or public health orders that they are expected to enforce but also about who can they call on if there is trouble, given there are mixed messages from the New South Wales government, in particular. (If “unprecedented” was the most used word in 2020, “mixed messages” may be the 2021 equivalent)

The enforcement question is being faced by all workplaces in all States that need to reopen under COVID-19 restrictions.

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Ageing and Decent Work report

A recent academic commentary on “Aging and the Future of Decent Work”* by many international researchers contains some interesting thoughts on employer obligations and health promotion.

The report makes some specific comments about the effectiveness of health promotion programs for older workers:

Workplace health promotion programs may encounter obstacles that impede desired results. For example, employers are generally not obliged to promote employee health in the same way they are required to address workplace safety. Lack of resources, management resistance, and employee reluctance to change behaviors are common barriers to program success. The literature on health promotion interventions targeting older workers is sparse but suggests the effectiveness of such programs may be limited and may vary depending on the focus of the intervention.

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Job insecurity and OHS solutions

As well as featuring in a workplace psychology podcast Professor Tony LaMontagne spoke at the current Senate Select Committee on Job Security in Australia and made a submission that provides evidence of the connection between job insecurity and poor mental health. This strengthens the argument that the prevention of mental health at work (and maybe elsewhere) could be more sustainably achieved by structural and economic policies and practices outside of the direct control of employers.

LaMontagne’s submission (written with Dr Tania King and Ms Yamna Taouk) says:

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Time for a rebrand to Organisational Health and Safety?

Outside of unionised workplaces, psychological hazards are usually managed as part of the Human Resources (HR) function. HR’s principal reference point is the industrial relations (IR) laws. Occupational health and safety (OHS) overlaps with IR and HR but is usually treated as the annoying little brother following his siblings, who know better because they are older and closer to adulthood.

This situation must change for employers to effectively prevent mental ill-health in their workplaces, but it will require more concessions, or maturity, from Human Resources professionals. Lawyer Alena Titterton hinted at this change in a recent article for the Australian Institute of Health and Safety.

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“it’s much harder to fix work than it is to fix workers”

Recently in the International Journal of Epidemiology*, Professor Tony Lamontagne and his colleagues wrote that their Australian research:

“….. showed that improving job security is strongly associated with decreasing depression and anxiety symptoms.”

This is an example of the precise research statements that LaMontagne has made over several decades, which have been enormously helpful to those occupational health and safety (OHS) advocates and professionals who choose to use them.

Recently this clarity was on display for over 90 minutes in a podcast interview with LaMontagne. It should be obligatory listening for OHS people.

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Guidance can help but change needs a challenge

The Australian Chamber of Commerce and Industry (ACCI) has released a guide for employers on managing sexual harassment in workplaces. It contains a lot of helpful information, but it also illustrates the self-imposed limits that business has on preventing workplace psychological hazards. To a lesser extent, it is downplaying the preventative role of occupational health and safety (OHS).

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