The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

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Predatory Capitalism and OHS

A fundamental aim of occupational health and safety (OHS) is the prevention of harm. To determine the most effective ways of preventing work-related harm, OHS professionals must investigate the source of harm. This requires them to look beyond their own workplaces to socioeconomic factors. Greed is the source of almost all of the world’s economic woes.

Greed manifests in the OHS context by employers not allocating sufficient resources for people to work safely and healthily. This greed, this seeking of maximum profits and excessive wealth, is supported by legislative, financial and social institutions. A new book by Ingrid Robeyns – “Limitarianism, – The Case Against Extreme Wealth” – offers several examples of how greed creates unsafe work.

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Understanding Grief

Occupational health and safety (OHS) has always dealt with death. Many of the most significant legislative and operational changes have resulted from one or more work-related deaths. The horror and tragedy of each death cause us to redouble our efforts to prevent untimely death.

The reality of occupational deaths and the quest to prevent death are crucial elements of OHS’s beliefs, philosophy and principles. Each of these deaths generates grief, an emotional and mental state that an Australian book explores from the “lived experience”.

Life After is a curious book published in 2021.

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A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

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A curious omission from NY Times well-being article in The Age

Another article reporting on Dr William Fleming’s workplace wellness research appeared recently in the New York Times, reproduced in some Australian newspapers like The Age (not available online). Newspapers are entitled to edit other newspaper’s articles for many reasons. Most tweaks are legitimate, but, in this case, The Age dropped an entire paragraph, which does not reflect the balance of the full NYTimes article.

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Are wellbeing programs “safe washing” their OHS performance?

First, there was brainwashing, then greenwashing and safewashing. Could the well-being industry be accused of safewashing? Has well-being had its day in the sun?

The first use of safewash to describe presenting occupational health and safety (OHS) information in a diffused truth was in the 2016 research paper by Sharron O’Neill, Jack Flanagan and Kevin Clarke, called “Safewash! Risk attenuation and the (Mis)reporting of corporate safety performance to investors” (abstract/summary available). It has turned up elsewhere since.

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Call for Industrial Manslaughter laws after more unnecessary deaths

It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.

The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of

“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”

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