West Australian moves on sex work law neglect OHS

Australia has an enviable occupational health and safety record in its licensed brothels.  A recent sex work symposium in Melbourne restated the fact that sex workers have a lower presentation of sexually transmitted diseases than the public.  One Queensland brothel, Purely Blue, states:

“Safety and Quality are very important to us and we are proud to be one of a small number of businesses in Australia, that have achieved dual certification of their Occupational Health & Safety (AS/NZS 4804:2001) and Quality (AS/NZS ISO 9001:2000) Management Systems.

Purely Blue is believed to be the first boutique brothel in the world to have its Management Systems certified by a national body.

Purely Blue was the proud recipient of a Highly Commended Award in the National Safety Council of Australia/ Telstra National Safety Awards of Excellence in the category of “Best Implementation of an OH&S Management System”. This is believed to be the first time that a boutique brothel has received such recognition anywhere in the world.”

In June 2011, the Western Australian Government again attempted to legalise sex work, or as it continues to call it, prostitution.  But on the issue of workplace safety for sex workers, the Prostitution Bill 2011 seems to be seriously out of date and out of touch.   Continue reading “West Australian moves on sex work law neglect OHS”

Government must restructure to address the evolution of OHS

The UK government’s Health & Safety Executive is continuously countering poor decisions of local government that are being “blamed” on health and safety.  Recently the Wimbledon tennis open joined the club of misrepresenting risk decisions as health and safety.

England has a unique tabloid journalism that has generated substantial confusion on the role and application of occupational health and safety laws.  Most of the decisions being referred to as health and safety are really public liability concerns and this is where the risk management discipline enters the issue.  Occupational Health and Safety has enlisted the risk management principles to provide a structure for business to assess risk, costs and benefits of working safely.  However this has only worked when there was a clear delineation of workplace.

Over many years, OHS legislation has been allowed to broaden its remit from the shopfloor and factory fence to include those entering a workplace and visitors.  It then grew to include the impacts that any work activity may be having on others.

In Australia, the new definition of a workplace is anywhere where work is undertaken.  The OHS tentacles have penetrated all physical areas of society, although he police force has been struggling with this balance for years.  There is nothing occupational about OHS anymore.  In fact Australia will be dropping “occupational” from its Work Health and Safety legislation from 1 January 2012.  There have been sound reasons for this expansion but we now have to live with the consequences. Continue reading “Government must restructure to address the evolution of OHS”

Directors Sentiment Index mentions OHS but……

The survey results of the inaugural Directors Sentiment Index have been around for several months but recent breakfasts discussing the findings have generated renewed media interest.

The survey provides a useful profile of how directors see their role and lists forecasts of trends but in none of the recent media reports does workplace health and safety receive attention although it is mentioned in the survey results.

The survey, conducted for the Australian Institute of Company Directors (AICD), lists occupational health and safety (OHS) as one of the components of what is described as Environmental, Social and Governance (ESG) issues (page 64).

(Curiously “Work Health & Safety” continues to be abbreviated to OH&S showing the persistence of OHS).

The chart shows that 54% of respondents believe that the importance of OHS issues will increase a little.  This can be interpreted in many ways – directors do not know what they are talking about,  the OHS profession has a bloated sense of its own importance, a survey over time may provide a better reflection of perception or that the work of Safe Work Australia on OHS and corporate governance is not gaining traction on the agendas at board meetings. Continue reading “Directors Sentiment Index mentions OHS but……”

Canada begins developing a National Standard for Psychological Health and Safety in the Workplace

Mental health is attracting a huge amount of attention in western countries but much of this has a public health focus.  Workplace mental health is not getting enough attention even though, correctly applied, this collective term could include the occupational hazards of stress, bullying, depression and suicide.

Canada has leapt ahead of most countries by committing to develop a National Standard of Canada for Psychological Health and Safety in the Workplace.  According to a backgrounder on the initiative, the Standard

“…will be a stand‐alone voluntary standard. It will provide a methodology that will lead to measureable improvements in psychological health and safety for Canadian employees in their workplaces.”

Significantly, the business case for the Standard is expected to result in

  • enhanced cost effectiveness,
  • improved risk management,
  • increased organizational recruitment and retention [and
  • increased] corporate social responsibility.

This Canadian initiative has considerable merit and may provide the (non-regulatory) glue that is needed to supply a business-friendly management structure for a range of workplace mental health issues that are being combatted in isolation from one another.  Workplace depression is fighting for attention against bullying which is battling out of a subset of stress……… Continue reading “Canada begins developing a National Standard for Psychological Health and Safety in the Workplace”

Tasmanian Workers’ Memorial Park officially opened

Workplace safety is littered with good intentions that are not fulfilled but thankfully Tasmania has followed through on a pledge to create a workers’ memorial park.  SafetyAtWorkBlog reported on the design launch by the, then, Minister for Workplace Relation Lisa Singh, two years ago.

The Tasmanian Workers’ Memorial Park, located in Elizabeth Gardens, Launceston, was opened in beautiful winter sunshine on 18 June 2011. Photographs of the park’s official opening are to be provided.  Unions Tasmania Secretary Kevin Harkins said in a media release (not yet available online)

“…it is hoped that those affected by a workplace death would use the site as a memorial to their lost family member or friend, and that people walking through the park would be reminded of the need to be safe at work.”

This type of horticultural memorial provides a place of reflection for many issues and worker safety is as legitimate as any other issues but what needs to be reinforced is the purpose of the park.   It is common to wander through a park and be oblivious of that park’s significance.   Continue reading “Tasmanian Workers’ Memorial Park officially opened”

Australia to ratify ILO OHS Convention, says Senator

The Australian Financial Review (AFR) reported on 14 June 2011 (not freely available online) that Senator Jacinta Collins has publicly stated that an International Labour Organisation (ILO) occupational health and safety convention will be signed by the current Government in conjunction with other conventions on maritime labour, asbestos and part-time work.  The announcement that “Australia will ratify four ILO Conventions this year” was made at the recent International Labour Conference.

Most of the AFR article focussed on the labour relations impacts of the conventions but RMIT’s Professor of Law, Breen Creighton noted that

“Ratifying a convention has no effect in Australian law unless the Australian parliaments legislate to give effect to the international obligations.”

Senator Collins’ speech identifies the OHS protocol as the “Optional Protocol of 2002 to the Occupational Health and Safety Convention”.

A brief discussion on this protocol occurred on this blog in late April 2011 when the ratification was mentioned during the World Day for Safety and Health at Work.

Kevin Jones

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