SafetyAtWorkBlog

Off-centre perspectives can offer great potential

The Australian government has failed to follow through on its early promises to provide a framework for employers to prevent and reduce sexual harassment in their workplaces. This failure is being interpreted as revealing something about employers’ attitudes to occupational health and safety (OHS) and their own legislative duties.

Employers (and other groups on non-OHS issues) who look to the government for guidance on issues that already have legislative requirements are looking to avoid the social and legal obligations that have usually existed for years. Sexual harassment is an excellent example of a workplace matter getting some serious attention regardless of the government’s inaction. A recent podcast by Maddocks lawyers Catherine Dunlop and Tamsin Webster is part of that attention.

Mandatory vaccinations without making vaccinations mandatory

In a little over a month, the Australian conversation about mandatory vaccinations at work has changed dramatically. In early August, food processing company SPC was treated suspiciously over its requirements for its workers, customers, and contractors to be vaccinated against COVID-19. Recently, the New South Wales Premier, Glady Berejiklian, required vaccinations for workers to move outside of certain residential locations. And today, the Victorian Health Minister, Martin Foley, has all but made vaccinations mandatory for the construction industry.

As Berejiklian has shown, you don’t need to impose mandatory vaccinations to make vaccinations mandatory.

“Too little, too late” but potential in primary prevention

On Australia’s Women’s Safety Summit, Wendy Tuohy contemplated, in The Age, after the first day;

“It may turn out to be too little, too late, but if there’s real commitment behind Morrison’s lines, we could conclude it’s a start.”

There are few signs of Prime Minister Scott Morrison’s commitment. Women will continue to work in companies and workplaces where they are at risk of psychological harm from sexual harassment and physical harm from sexual assault. Occupational health and safety (OHS) laws offer a harm prevention option that nobody seems keen to consider.

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.

Back to the old office in a new world

Many employers are rattling around floors of empty offices while their employees are working remotely or at home and almost entirely due to modern telecommunications. This has not been at the request of employers but due to government lockdown requirements. The push to have workers return to multi-storey offices is reflective of the desire to return to normal rather than accepting that established business structures have been rendered impractical or unfeasible for the coronavirus future.

A recent article in the New York Times illustrates this new circumstance well. The article, titled “New surveys show how pandemic workplace policies are shifting“, says that the major information technology companies in the United States that every business seems to want to emulate even though their practices are very questionable are continuing to postpone the return of workers to bricks and mortar (or glass and stainless steel) offices. The NYTimes article is the first to discuss this phenomenon and its relation to mandatory vaccinations.

Established safety practices should still be investigated

Every profession has safety practices that have existed for years and are integral to that profession’s character and operations. These have usually occurred because of correlation more than a cause, and occupational health and safety (OHS), in particular, advocates evidence-based decisions.

One longstanding example could be the mandatory wearing of lace-up ankle-high safety boots for working in the construction of railway infrastructure. Another could be the current debate over the effectiveness of face masks for protection from dust particles and airborne infections.

Revelations for wellness providers and workers

The Australian Financial Review (AFR) is Australia’s national newspaper on business issues. Recently its Editor Michael Stutchbury stated that he purposely focussed the newspaper on being business-friendly. This is understandable as businesses and employers, and entrepreneurs are the paper’s subscriber base and market, but sometimes articles can be too business friendly, and a recent article on burnout and the four-day-week may be an example. Thankfully the AFR article also included a brief mention of a more useful global survey about work in a time of pandemic.

The article, called “Pandemic burnout ignites argument for shorter workweek” (paywalled) included these quotes from a regular AFR contributor Reanna Browne on the possible mental health benefits of a four-day week:

“COVID has intensified these [mental health] issues and also given rise to new forms of workplace exhaustion such as wide-scale increases in working hours, alongside novel health challenges like digital load management and Zoom fatigue…”

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