Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.
Several weeks ago, Scott’s Refrigerated Logistics, a prominent Australia trucking company, entered receivership. It seems the Transport Workers’ Union (TWU), as part of a long campaign, chose to take another potshot at one of Australia’s few supermarkets, Aldi, accusing it of “pressuring supply chains” when the average profit margin in this sector has been described as an average profit margin of only 2.5 per cent. Occupational Health and Safety (OHS) in Australia’s transport industry has always been an important issue and is regularly a political football.
The union’s claims are being echoed by Senator Tony Sheldon, a former national secretary of the TWU, in Parliament.
With the new Psych Health and Safety regs/codes of practice, it seems many corporate ‘wellness’ providers are now branching out into the now topical, psychosocial risk management domain. As someone who supports several national/multinational organisations, I am seeing a big gap between the academic research, provider capability, corporate understanding, and real-world activity. I am also seeing some very questionable tools/approaches/programs and activities emerging in the race to sate the increasing corporate psych risk appetite.
[Guest post by David Burroughs]
Continue reading “The well-being and psychosocial “wild west””It is always good to start a piece of writing with an attention-grabbing punch. Professor Andrew Hopkins‘ latest research paper does just that in his analysis of the 2020 Anglo-American Grosvenor coal mine explosion. He wrote:
“Senior management at Anglo believed that safety was never sacrificed to production. Their view was safety and productivity went hand in hand and that safety was “just not negotiable”. And yet the Board of Inquiry into the accident found that Grosvenor was producing coal at a rate that consistently exceeded the capacity of the drainage system to cope with the methane gas being released, with the result that “coal mine workers were repeatedly subject to an unacceptable level of risk”. How could senior managers believe that they were so safety conscious and yet be so blind to the most serious hazard facing underground coal miners?”
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Recently at the Central Safety Group, I offered two business options to prevent and manage the risks of mental injury at work – Employ more people or Descope company expectations. This was glib, but I was trying to simplify the decisions that employers will face if they choose to meet their occupational health and safety (OHS) obligations. The reality of the decision-making process is challenging, but it seems to me that the core decisions are to increase the workforce to adequately and safely meet the needs of the company or project, or reduce the production volume or decrease the expectations of the client, and the related stress levels of the workers, to match the size of the workforce.
The actual decision is more complex, but this choice is fundamental to the prevention of harm and compliance with the OHS laws.
Unless you are a teacher, it is difficult to comprehend the extent of stress and pressure teachers can face at school. A recent court case in Queensland involving an appeal against a decision by the Regulator not to accept a workers’ compensation claim provides some insight into the teacher’s lot.
The case, Roberts v Workers’ Compensation Regulator [2023] QIRC 76 (6 March 2023), was won by Ms Karen Roberts as the Commissioner decided that Roberts’ experiences at work, over time, were the major contributor to her post-traumatic stress disorder. There are statements in this decision that the school’s management practices did not worsen her experiences, and there are arguments over the degree of influence of other factors, but there is no occupational health and safety (OHS) perspective here. Even though it is not an OHS prosecution, there is an important OHS context.
On March 17 2023, the Australian government released the Productivity Commission’s latest 5-year Productivity Inquiry report. At well over a thousand pages, few people are going to read it to the level it deserves. Nor will I, but I have dipped into it and found a couple of important comments that relate directly to the management of occupational health and safety (OHS).
