We should give a fat RAT’s clacker about COVID-19 testing

Australia’s strategy for combatting the COVID-19 pandemic is almost entirely based on vaccinations. The supplementary control measures of increased ventilation, social distancing, mask-wearing and hygiene are still vitally important but have dropped off the radar a little in the rush to maximise the number of vaccinated citizens and workers. One of the measures not currently listed on the Safe Work Australia COVID-19 website (at the time of writing) is rapid antigen testing (RAT), even though this screening method is integral to reopening businesses in the United States.

RAT has started to appear in Australia. It is a valuable tool, but it is not a replacement for the medical PCR test, and there are administrative considerations that affect the occupational health and safety (OHS) management of COVID-19.

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“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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No psych regulation in Victoria until mid-2022

The Victorian Government has pledged to introduce regulations to address psychological risks in workplaces. According to a second consultation paper on psychological health regulations, seen by SafetyAtWorkBlog, the consultation process continues but has been extended, so the new regulations are unlikely before the middle of 2020. This extension would seem a little unnecessary given the work on this hazard already from Safe Work Australia and SafeWorkNSW.

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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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Image reuse resolved, sort of

It has taken several months to obtain some clarity from the Copyright Agency about WorkSafe’s reuse of an image of mine in one of their email broadcasts without my knowledge.

This week the Copyright Agency advised:

“The Government Statutory Licence, in particular that under s.183 of the Act, allows the Government (Commonwealth and State/Territory Governments) to use copyright for government purposes but they must come to terms with the rightsholder or (for government copies i.e. reproduction) the declared collecting society. It seems that the use of your image by WorkSafe Victoria in the manner you describe likely falls within the uses allowed under s.183.

Continue reading “Image reuse resolved, sort of”

OHS progress needs out of the box thinking

It is generally understood that the attempt to harmonise Australia’s occupational health and safety (OHS) laws failed to achieve the level of change and integration expected. The laws are more harmonised than they were but each jurisdiction claimed special needs and so multiple jurisdictions continue to exist with their own laws and one State, Victoria, is still giving the bird to the rest through poorly justified arguments and pigheadedness. This unwillingness to even consider change, outside of established parameters, is a major impediment to the development of safe workplaces and work practices.

For example, Australia still desires nationally consistent OHS laws as this exchange between Deborah Knight, of radio station 2GB and the CEO of the Business Council of Australia, Jennifer Westacott, shows:

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Can the sex industry be the same as any other industry?

The Australian State of Victoria has committed to the decriminalisation of sex work. It made this decision some time ago, conducted an inquiry into how this could be achieved and is now in a further consultative process on what laws and practices need to change. The aim is honourable – to reduce the stigma of a legitimate industry. However, there is one statement repeated in media releases and discussion papers that encapsulates the challenge:

“Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.”

That challenge is can, and should, Victoria’s sex industry be treated like “all other industries”?

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