Recently Carlo Caponecchia and Anne Wyatt published a short article about the “safe system of work” (open access for a limited time) – an important concept of occupational health and safety (OHS) and element of OHS laws, but one that is poorly defined; possibly because a sociological definition is more useful, and the sociology of work has always played second fiddle to the legal. This concise article should spark a lively discussion on safety management systems, safety culture and the safe system of business.
NZ research into transport industry OHS is relevant everywhere
In 2019, Victorian Premier Daniel Andrews flagged that incidents involving commercial vehicles would be reflected in workplace health and safety statistics. There has been little visible change on this pledge. Still, recently WorkSafe Victoria reviewed its work-related fatality statistics to include truck fatalities and other causes of work-related deaths for the last couple of years. Guess what, the number of deaths almost doubled for that period from 26 to 49!! What would the rate of serious injuries be if it was also reassessed?
New Zealand undertook a similar exercise a few years ago, which has led to a significant research project into that country’s transport industry and supply chains, a research project with substantial relevance to Australia and elsewhere.
Does the tail wag the dog or vice versa?
Trade union opposition to mandatory vaccinations against the Covid-19 virus continues, primarily because they feel left out of the conversation at SPC. However, the support for at least not dismissing mandatory vaccinations is growing.
In The Australian on August 18 2021, the lawyer advising SPC on its vaccination policy, Joel Zyngier of Gilchrist Connell, said
“Twelve months ago we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Six months ago, we didn’t have the option of vaccination; it wasn’t a reasonably practicable step. Now it’s a reasonably practicable step and so it’s something that employers must consider as part of their occupational health and safety or work health and safety duties,”
Is tripartism a closed shop?
Occupational health and safety (OHS) policy in Australia has been determined through a tripartite structure of representatives from Government, Industry and Trade unions for decades. It has not changed because the structure recommended in the early 1970s suited the political power structure. However, there are several indications that this tripartite consultative mechanism may be showing its age.
Recently, Safe Work Australia has been consulting OHS professionals, advocates, and commentators through Accenture to develop its next 10-year strategy document. (I have been one of those interviewed) That it is interviewing beyond its traditional pool of experts is heartening. However, it will still need to consult further and with those who have traditionally been critical of government intervention and over-regulation.
Save lives or save money – the OHS tension
There are two core elements to the work of the occupational health and safety (OHS) professional – the management of Safety and the management of Safety Liability. In the simplest of terms, the former saves lives and the latter saves money. OHS (and politics) has always involved juggling these two extremes.
There are many examples of this tension but the most obvious, at the moment, is COVID-19 and the vaccination of workers.
Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here’s when they can
[Editor: this article has been reproduced from The Conversation’s website under the Creative Commons licence.]
Joo-Cheong Tham, The University of Melbourne
Australia’s official policy on vaccines is that they be voluntary and free. But the federal government hasn’t shut the door completely on employers pursuing mandatory policies of their own.
Last week the federal government reiterated it won’t use its powers to give employers a free hand to mandate vaccines. Yet Prime Minister Scott Morrison also said:
Decisions to require COVID-19 vaccinations for employees will be a matter for individual business, taking into account their particular circumstances and their obligations under safety, anti-discrimination and privacy laws.
So far just two Australian companies — regional air carrier Alliance Airlines and canning company SPC — have declared they will make a COVID-19 vaccination mandatory for their workers.
The reason so few have declared such intentions is because the law isn’t on the employer’s side. There are only limited circumstances where workplace vaccine mandates are likely to be found lawful.
Continue reading “Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here’s when they can”Business is getting some clarity on COVID-19 vaccines and a reminder to act
On August 12 2021, the Chair of Safe Work Australia, Diane Smith-Gander entered the fray over making COVID-19 vaccinations mandatory in an article in The Age. Later that day, in the absence of any clear guidance on the issue from the Federal Government, The Age reported that the Fair Work Ombudsman will be providing guidance on 4 tiers of workplaces relevant to assessing COVID-19 exposure risks.
The combinations of advice from these sources, greatly clarify what businesses can do to improve the safety of their workers and customers. The reticence to take reasonable occupational health and safety (OHS) steps by business groups will remain but the clarity they have been requesting will soon be available.