OHS and exploitation

Work-related harm is often generated by exploitation, but exploitation is a term rarely used by the occupational health and safety (OHS) profession. If it was, the OHS approach to harm prevention may be very different, especially now that a safe and healthy working environment is a fundamental right.

Perhaps the omission of exploitation is not that surprising. It is often seen through the lens of industrial relations, and a flexible demarcation often exists between IR and OHS. It is important to note that the International Labour Organisation’s Glossary of OSH terms also fails to include exploitation though it is from 1993.

However, a recent report from the Grattan Institute, Short-changed: How to stop the exploitation of migrant workers in Australia, does discuss workplace health and safety as an element of worker exploitation.

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OHS is now a fundamental human right. So what?

Last year the International Labour Organization (ILO) added occupational health and safety (OHS) to its Declaration on Fundamental Principles and Rights at Work. So what? I hear you cry. According to one trade union website:

“Contrary to Conventions – which are subject to ratification by individual Member States to be applicable, all Member States (187 Members) are expected to respect, promote and realize Fundamental Principles and Rights .”

This change has been a long time coming. Expect to hear a lot of discussion about this change at the 23rd World Congress in Sydney later this year, if not Ap[ril 28 and May Day. What Australia will say about this change is unknown, but it will be expected to say something.

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OHS and the big picture

There is an increasing trend to look deeper into the causal factors of workplace incidents and poor worker health in the physical and psychological contexts. This is partly due to “systems thinking” and partly dissatisfaction with failed regulatory and psychological strategies that promised so much but have failed to realise the promise. The trend needs some boosting by the occupational health and safety (OHS) community, which itself needs upskilling.

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Good framework but insufficient analysis

Occupational health and safety (OHS) is rarely analysed as a stand-alone business element. As such opportunities are missed to clarify one’s understanding of work health and safety and companies’ experience of it beyond “commitments” and workers’ compensation costs.

There is great potential for change in the United Nations’ Sustainable Development Goals (SDGs), especially Goal number 8. Sadly, even here “Decent Work” which includes the safety and health of workers (8.8) is shared with “Economic Growth”. As a result, it is often difficult to isolate the OHS components. A recent analysis of Australia’s ASX200 companies illustrates the problem.

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‘Enough was Enough’ over a decade ago and the mining industry failed to act then

The recent report on sexual harassment at West Australian mine sites deserves national attention for several reasons.  The stories are horrific, partly because many of us thought such stories were in the distant past.  The fact that many are recent should shock everyone into action. 

The report “Enough is Enough”is highly important, but its newsworthiness seems disputable.  Some media have covered the report’s release but the newsworthiness, in my opinion, comes less from this one report but from the number of reports and research on sexual harassment, bullying, abuse, disrespect and more in the mining sector over the last twenty years that have done little to prevent the psychosocial hazards of working in the mining and resources sector and especially through the Fly-in, Fly-Out (FIFO) labour supply process.

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Speak Global, Implement Local

Most of the international reporting in June 2021 was about the G7 meeting, but the International Labour Organisation (ILO) also conducted a World of Work Summit as part of its 109th International Labor Conference. Several world leaders recorded messages for the event, and two are particularly interesting – President Joe Biden and Pope Francis. Such statements do have global influence and can support local occupational health and safety (OHS) initiatives.

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Selective duty of care being applied by the Australian Government – from the archive

Yesterday’s article on Comcare’s recent charging of two organisation over workplace-related harm to others generated so much interest that I have (re)published an article from 2016 that analysed an earlier, similar issue. Please also read the comments below and consider adding your own.

Australia’s work health and safety (WHS) laws confirmed the modern approach to workplace safety legislation and compliance where workers and businesses are responsible for their own safety and the safety of others who may be affected by the work.  The obligations to others existed before the latest WHS law reforms, but it was not widely enforced.  The Grocon wall collapse in Victoria and the redefinition of a workplace in many Australian jurisdictions through the OHS harmonisation program gave the obligation more prominence but has also caused very uncomfortable challenges for the Australian government – challenges that affect how occupational health and safety is applied in Australian jurisdictions.

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