February 2006

Nurses' occupational health and safety eroded by new IR laws

We have spoken at length in the ANJ about the Australian Government’s industrial relations changes and what they will mean for nurses’ terms and conditions of employment. But what does it mean for occupational health and safety issues?

For the large part, responsibility for occupational health and safety (OH&S) legislation will stay with the state authorities as it is currently. But you don’t have to draw a long bow to see how the new IR legislation will impact on nurses from an OH&S perspective.

All workers have a right to be safe at work. Importantly for nurses, we also have an obligation to ensure our workplaces are safe and healthy because our patients’ health and safety can depend on it. A faulty piece of equipment, fatigued workers, unsafe work systems or lack of incident reporting mechanisms can all ultimately adversely affect those we are caring for.

Currently workers and in particular OH&S workplace representatives can use state legislation to identify and, if necessary, take action when a workplace or work practice is deemed unsafe. It is a powerful and important right to have.

What if we become anxious about being sacked?

Once a problem is identified an employer must act to rectify the situation as quickly as possible. However, if we speak out about such things, the outcome is unclear. The new unfair dismissal laws make it very easy to be sacked for no specific reason. This is particularly the case for small businesses of less than 100 employees, say a general practice or community clinic. It is also pertinent for larger employers as well, including hospitals, because the reasons for sacking someone have been relaxed considerably.

What of bullying?

Moving people to individual work contracts (AWAs), and giving the balance of power to employers, could ultimately lead to situations where people are afraid to speak out on any issue.

Bullying is a particularly complicated and prevalent issue in nursing and is only just starting to be tackled. It would be disastrous to see OH&S initiatives stopped because nurses are afraid of losing their jobs.

The capacity bargain collectively, which is what we do currently when we negotiate an EBA, will be reduced as more workers are forced to accept AWAs. This could have serious consequences for conditions of employment and ultimately our health and safety at work. Replacing our award conditions with just five minimum standard conditions could see employees on AWAs lose penalty shift entitlements; leave entitlements; minimum shift lengths; minimum break periods between shifts; workload management tools; and training leave just to name a few.

Nurses already know the dangers of fatigue and strain. Minimum standards around shift length and breaks during and between shifts are vital for our well-being and health, and critical to the health of our patients. It is well documented that fatigue and strain cause many adverse incidents and injuries, and we have fought for minimum conditions to manage these.

Ongoing education is also vital for safety. Education for new lifting equipment for example, or use of electrical equipment or toxic drugs — critical areas that need no elaboration.

What of general morale?

Morale is also an occupational health and safety issue. For example, how would you feel if you had to work these unsociable hours without penalty rates? Low morale can cause extra stress and strain and even ill health. It can cause, as we know, nurses to leave the profession causing short staffing, compounding workloads and increasing stress.

Almost half the nursing workforce works part time. And many of us do so on the weekend and evenings, maximizing take-home pay through penalty rates and managing our work/life balance as best we can. Losing penalty rates may, in the long run, see our take-home pay diminish forcing us to cope with less income unless we increase our working hours. Either way it throws any balance we have maintained out the window, extending the stress and strain of work and bringing it into our family life.

Occupational health and safety is not just about avoiding physical injury, which is vital. It is also about a whole of life approach to work: being healthy within and without. Stress, morale and happiness are important factors in being safe and healthy at work. In managing these we can ultimately impact on physical safety for ourselves and our patients.

So, remain vigilant and watch for changes in attitudes to health and safety issues at work. Lives depend on it.

Ged Kearney
ANF Assistant Federal Secretary