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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To boldly go where no Australian company has gone before

The response to SPC’s decision to mandate COVID-19 vaccinations for its workers, contractors and visitors illustrates a common misunderstanding of occupational health and safety (OHS) management, poor OHS literacy and some industrial and media rent-seeking.

On ABC Radio’s PM program in early August 2021, the main objection of Andrew Dettmer of the Australian Manufacturing Workers Union was insufficient consultation prior to SPC’s decision. (Really?! What about the validity of the company’s OHS decision?) Dettmer said:

Continue reading “To boldly go where no Australian company has gone before”

Frogging the National OHS Strategy

Australia has commenced its consultation process for the development of its next ten-year national occupational health and safety (OHS) strategy. These are peculiar documents as no one ever seems to be punished for not achieving the targets or the performance targets are so narrow or general that it is impossible to not achieve them.

One of the elements that all such strategies seek is “emerging hazards”. Even harder is when they seek hazards that no one else has considered or have yet to emerge. One of the challenges with these strategies is less about what they say than how they are implemented and enforced.

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Forces amass against the prevention of workplace sexual harassment

Most of Australia’s media has cooled its reporting on the sexual harassment law reforms championed by the Sex Discrimination Commissioner, Kate Jenkins. Partly this relates to revised laws being proposed in Parliament later this year and that are currently subject to a Senate Committee Inquiry. The media coverage on the proposed laws and the senate inquiry has been thin with only the Australian Financial Review (AFR) giving it any serious attention.

However, research reports on sexual harassment in Australian workplaces continue to appear and the transcripts of the Senate Committee’s public hearings are publicly available, as are the submissions made by, primarily, business and law organisations. What is missing is the involvement of the occupational health and safety profession.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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Is Ken Phillips shooting the messenger and missing the real reform target?

Ken Phillips of Self-Employed Australia is continuing his pursuit of Victorian politicians for breaches of the occupational health and safety (OHS) laws after the failure of the State’s Hotel Quarantine Program that led to the deaths of some Victorians from COVID-19. He has supporters in some of the mainstream media and was recently interviewed by Peta Credlin on Sky but perhaps the clearest explanation of his aims is in an interview with George Donikian on The Informer in May 2021. Just recently, Phillips obtained an update from WorkSafe Victoria and has been doing the media rounds again.

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