Will workplace psychological regulations work?

Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.

These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.

This is the first of a series of articles on psychological health and the proposed regulations over the next few days.

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Is work health and safety “woke”?

Occupational health and safety (OHS) has always been progressive in that its purpose is to prevent harm to workers and people. It has lost its way sometimes and its effectiveness diluted at other times, but its core purpose has remained. At the moment, there is an ideological, political and cultural resistance to progressive structures and ideas that is often criticised as being “woke”. Woke has an evolving meaning, but it seems to mean well-intended but ineffective.

Recently Australian academic Carl Rhodes examined “woke capitalism” in a new book. Refreshingly Rhodes provides an analysis of woke capitalism rather than a rabid critique. OHS is not the focus of this book (when is it ever?), but his research and perspectives are relevant to how OHS is practiced and the level of influence we believe it deserves.

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If the research is clear, why aren’t employers reacting?

Excessive working hours are harmful. This uncomfortable truth was recently spoken by the Harvard Business Review. The changes to prevent this harm is obvious to most of us involved with health and safety but remains uncomfortable to everyone else.

In an article called “The Research is Clear: Long Hours Backfire for People and for Companies, Sarah Green Carmichael posits three reasons for overwork:

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All quiet in SA, for now

South Australia (SA) goes to an election in March 2022, so it is a good time to examine any occupational health and safety (OHS) policies.

As per usual, the policies of the incumbent Liberal Party government are vague on broad themes like worker safety but can include specific pledges – new roads, better electricity system, for instance. These activities need workers, and Victoria’s infrastructure strategy, its “Big Build“, has performed politically well for Victoria’s Premier Dan Andrews.

The SA branch of the Australian Labor Party has a document of their current policies, and here are some of those related to workplace health and safety:

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A mouse that is trying to roar

Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.

On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Consultation is soooo radical

The occupational health and safety (OHS) sector has made much noise about workplace safety cultures. So, it is interesting to watch corporate debates on culture, especially with the increased attention to the psychological harm that some cultures create for workers. The Australian Financial Review’s (AFR) BOSS section included a short article about the the possible consequences of an autocratic leadership style, in this case, the conduct of Newcrest’s Sandeep Biswas.

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