The “Right to Disconnect” should have been “Obligation-To-Leave-Workers-Alone”

The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.

The closer the RTD laws come to reality, the more useless they appear.

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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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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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“Backbone of the Nation” and safety

In 1984 I was in England during the miners’ strike, a period of profound social and political change in the United Kingdom. The politics of that period have always fascinated me, but my profession has also caused me to look at some of the attitudes to occupational health and safety (OHS). While holidaying recently in the UK, I purchased Backbone of the Nation, looking at both the politics and safety.

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OHS is politics

Jordan Barab is a major voice in occupational health and safety (OHS) in the United States. This year he chalks up 20 years of his Confined Spaces blog. His latest year-in-review article includes a political perspective that Australian OHS professionals and institutions should consider.

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An industrial relations perspective on psychosocial hazards

The prevention of workplace psychosocial hazards will be an increasing issue of concern and debate in 2024 as more Australian jurisdictions re-emphasize the application of occupational health and safety (OHS) laws to this insidious hazard.  That debate requires a broad range of voices to better understand prevention strategies and to assess existing strategies that have failed or impeded progress.  Emeritus Professor Michael Quinlan is one such voice, especially in his recent article, “Psychosocial Hazards: An Overview and Industrial Relations Perspective”.

[Note this article discusses work-related suicide]

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“made through the blood of the workers who never came home”

Last week, the Australian Parliament passed a tranche of industrial relations laws; laws that were, unsurprisingly, objected to by some business groups but included some occupational health and safety (OHS) contexts. Industrial Manslaughter was the obvious one, but pay equity and increased job certainty, if not security, for some industry sectors, has the potential to reduce job stress.

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