Mental health change needs to break out

On May 15 2020 Australia’s National Cabinet supported the National Mental Health and Wellbeing Pandemic Response Plan developed by the National Mental Health Commission. The focus was on the mental health impacts of the COVID-19 Pandemic but in the text was a reference to a National Suicide and Self Harm Monitoring System developed and run by the Australian Institute of Health and Welfare (AIHW). Given the dearth of valid data on suicide and after an earlier article questioning datasets, SafetyAtWorkBlog posed some questions to the AIHW about the monitoring system.

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All jobs are now more dangerous

The COVID19 pandemic has shone a spotlight on the government agencies that regulate and enforce occupational health and safety (OHS) laws. These regulators are not the lead agencies in pandemic control but as some countries relax lock-down protocols and people return to work in changed work environments, the role and actions of the OHS regulators are being re-evaluated.

Sarah O’Connor, in the Financial Times, opened her 26 May 2020 article brilliantly with

” Covid-19 has upended our notion of what a dangerous job looks like”

Office were often dismissed as low-risk workplaces with many site safety walks, if they happened, reporting on torn carpet and other similar hazards. That way of assessing risk should have been replaced, or supplemented, with assessments of the psychosocial risks of stress, bullying, a harassment, excessive workloads and many more harmful practices. So, offices may have a low risk of traumatic physical injuries but a higher level of risk of psychological harm. On top of this reassessment comes an infection risk that can be spread by workers showing no symptoms. Office-based risk has increased again and made the workplace itself dangerous.

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WorkSafe and Industrial Manslaughter webinar

On May 19, 2020, WorkSafe Victoria conducted an interactive webinar on Workplace Manslaughter laws due to be in place from July 1, 2020. The webinar was very good for those who are coming to the issue anew as the level of interaction was excellent. But the webinar also broadened beyond its topic, which was disappointing. At 90 minutes the event was too long, but revised versions of this consultation with the community should be scheduled regularly, even when physical distancing rules end.

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Great loss, but no vision and limited interest

This year’s International Workers Memorial Day/World Day for Safety and Health at Work is over. Many of the memorial events were conducted online and many gave healthcare workers prominence, especially in the United Kingdom. SafetyAtWorkBlog watched the online service conducted by the Victorian Trades Hall.

Many worker memorials are little more than a reiteration of the importance of occupational health and safety (OHS) laws. If the ceremonies are conducted by trade unions, as most are, they are usually advocating for the role of Health and Safety Representatives (HSRs). This year’s Victorian ceremony was typical. However, there were some curiosities and such ceremonies can, and should, be more than just a commemoration.

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Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Lessons from the US

The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.

In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.

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