michael quinlan, university of nsw and richard johnstone, griffith university, australia meeting the...
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Michael Quinlan, University of NSW and Richard Michael Quinlan, University of NSW and Richard Johnstone, Griffith University, AustraliaJohnstone, Griffith University, Australia
Meeting the Regulatory Meeting the Regulatory Challenges Posed by Challenges Posed by Precarious Employment for Precarious Employment for Occupational Health and Occupational Health and SafetySafety
Research Seminar on Psycho-Social Hazards and the Role of Labour Research Seminar on Psycho-Social Hazards and the Role of Labour Inspectors and Workers’ Representatives in their Prevention: Inspectors and Workers’ Representatives in their Prevention: Reflections through a Gender Lens, 13 January 2010, Santiago ChileReflections through a Gender Lens, 13 January 2010, Santiago Chile
OverviewOverview
Changes to work and OHS effects of Changes to work and OHS effects of
thisthis
How best to explain these effectsHow best to explain these effects
Briefly identify historical parallels that Briefly identify historical parallels that should inform policy makersshould inform policy makers
Examine existing policy responses and Examine existing policy responses and indentify a framework for future policy indentify a framework for future policy developmentsdevelopments
Changes to Work Organisation & Changes to Work Organisation & Job Insecurity (1975-2008)Job Insecurity (1975-2008)
Repeated downsizing, restructuring & Repeated downsizing, restructuring &
work reorganisation (work work reorganisation (work
intensification via task changes, multi-intensification via task changes, multi-
tasking etc)tasking etc)
Outsourcing/growing use Outsourcing/growing use
subcontractors/labour leasing (means subcontractors/labour leasing (means
privatisation in public sector) & privatisation in public sector) &
franchisingfranchising
Decline in permanent jobs Decline in permanent jobs
Changes to Work Organisation & Changes to Work Organisation & Job Insecurity continuedJob Insecurity continued
Corresponding growth of temporary, Corresponding growth of temporary,
fixed contract & leased jobs as well as fixed contract & leased jobs as well as
home-based work & teleworkhome-based work & telework
More multiple jobholding, long shifts, More multiple jobholding, long shifts,
unpaid overtime/presenteeismunpaid overtime/presenteeism
Increased immigration/use of temporary Increased immigration/use of temporary
guestworkersguestworkers
Looming global recession likely to Looming global recession likely to
exacerbate these trendsexacerbate these trends
Review of research on OHS effects of Review of research on OHS effects of changing work arrangementschanging work arrangements
Published international research 1966-2008 (IJHS)Published international research 1966-2008 (IJHS)weak & ‘repeat’ studies culledweak & ‘repeat’ studies culledMeasures include injury rates, disease, hazard Measures include injury rates, disease, hazard exposures, violence, mental health, knowledge and exposures, violence, mental health, knowledge and compliancecompliance86 studies of job insecurity/downsizing (73 or 85% 86 studies of job insecurity/downsizing (73 or 85% found adverse OHS effects)found adverse OHS effects) Studies using mental health/psychosocial measures Studies using mental health/psychosocial measures
commoncommon Few studies on effects on bullying and occupational Few studies on effects on bullying and occupational
violenceviolence Growing number of studies look at work life Growing number of studies look at work life
balance/hoursbalance/hours Gender imbalance remains in terms of measuring effectsGender imbalance remains in terms of measuring effects Public health effects (healthcare) and job ‘quality’Public health effects (healthcare) and job ‘quality’
Review of research on OHS effects of Review of research on OHS effects of changing work arrangements cont.changing work arrangements cont.
25 studies of outsourcing/subcontracting & home-25 studies of outsourcing/subcontracting & home-based work (23 or 92% found adverse effect, 2 mixed)based work (23 or 92% found adverse effect, 2 mixed) Mostly injury focused & not enough on psychosocialMostly injury focused & not enough on psychosocial Few studies deal with bullying/occupational violenceFew studies deal with bullying/occupational violence Research has stalled & major areas re women neglected Research has stalled & major areas re women neglected
(homecare)(homecare)
Permanent part-time workers – very few studies/mixedPermanent part-time workers – very few studies/mixed22 studies of temporary work/agency work (17 or 77% 22 studies of temporary work/agency work (17 or 77% found adverse effect)found adverse effect) Psychosocial outcomes more mixed (different Psychosocial outcomes more mixed (different
trajectories)trajectories) Number of studies is mounting but still not enough on Number of studies is mounting but still not enough on
womenwomen Exposure effects often overlookedExposure effects often overlooked Unwanted sexual advances higher (LaMontagne et al Unwanted sexual advances higher (LaMontagne et al
2009) 2009)
Link between precarious employment Link between precarious employment & psychosocial risks are not new& psychosocial risks are not new
‘Sweating and Suicide’ (Lancet April 1888) reported woman acquitted from attempting to commit suicide at Manchester City Police Court ‘though her only excuse was the extremely low wages she earned when working for a sweater. During the whole of the previous week she had worked as a costume finisher from half-past eight in the morning till seven in the evening, and yet only earned 2s. 2d. She lived on tea and bread, and out of these wages 6d.was deducted in consideration of the hot water supplied for her tea! Then she had to repay a loan of 6d. to the forewoman. With the remaining 1s. 2d she had to meet her rent, which amounted to 2s 6d a week.’
Why does precarious employment damage psychosocial wellbeing?Work intensificationeconomic vulnerabilityLack of dignity/powerlessness Commodification of social interaction conducive to more autocratic & ‘masculine’
management forms limited legal rights/access
Job insecurity/life insecurityPoor work/family balance
How restructuring and downsizing How restructuring and downsizing can alter work systems, process & can alter work systems, process &
environmentenvironment
Reallocation of tasks/loads to Reallocation of tasks/loads to
smaller staff poolsmaller staff pool
Changes to job descriptions, multi-Changes to job descriptions, multi-
taskingtasking
Changes to workplace facilities Changes to workplace facilities
(space etc)(space etc)
Changes to training, supervision Changes to training, supervision
(hard HR)(hard HR)
How restructuring and downsizing How restructuring and downsizing can alter work systems continuedcan alter work systems continued
Disorganisation (communication, Disorganisation (communication,
isolation etc)isolation etc)
Changes to hours (paid/unpaid), Changes to hours (paid/unpaid),
leave accessleave access
Changes to grievance/consultation Changes to grievance/consultation
mechanismsmechanisms
Uncertainty and insecurity affects Uncertainty and insecurity affects
organisation prioritiesorganisation priorities
Adverse effects of downsizing, Adverse effects of downsizing, restructuring & job insecurityrestructuring & job insecurity
Increased risk of injury & Increased risk of injury &
disease/illness (eg cardiac disease) disease/illness (eg cardiac disease)
Increased stress due to overload, Increased stress due to overload,
insecurity & disorganisation (flow-on insecurity & disorganisation (flow-on
effects & externalities)effects & externalities)
Increased risk of bullying & Increased risk of bullying &
occupational violence (eg client)occupational violence (eg client)
Adverse effects of downsizing, Adverse effects of downsizing, restructuring & job insecurityrestructuring & job insecurity
Presenteeism, burnout & adverse Presenteeism, burnout & adverse
effects on work/life balanceeffects on work/life balance
Older and more committed workers Older and more committed workers
suffer worstsuffer worst
Those losing jobs get inferior jobs, Those losing jobs get inferior jobs,
intermittent jobs or none at all intermittent jobs or none at all
(especially older workers)(especially older workers)
Attempts to explain adverse OHS Attempts to explain adverse OHS effects of precarious employmenteffects of precarious employment
Karasek’s demand/control or job strain Karasek’s demand/control or job strain model (too task focused)model (too task focused)
Siegrist’s effort/reward modelSiegrist’s effort/reward model
Lewchuk’s employment strain model Lewchuk’s employment strain model (includes job search and social support)(includes job search and social support)
Sydney Uni Work Health Team PDR Sydney Uni Work Health Team PDR model (pressure, disorganisation & model (pressure, disorganisation & regulation)regulation)
PDR model: Risk factors associated PDR model: Risk factors associated with Insecure and contingent workwith Insecure and contingent work
Effort/Reward Effort/Reward PressuresPressures
DisorganizationDisorganization Regulatory Regulatory FailureFailure
Spill-over Spill-over EffectsEffects
Insecure jobs (fear of losing
job)
Short tenure, inexperience
Poor knowledge of legal rights,
obligations
Extra tasks, workload shifting
Contingent, irregular payment
Poor induction, training &
supervision
Limited access to OHS, workers comp rights
Eroded pay, security,
entitlements
Long or irregular work
hours
Ineffective procedures &
communication
Fractured or disputed legal
obligations
Eroded work quality,
public health
Multiple jobs(may work for
several agencies)
Ineffective OHSMS /
inability to organise
Non-compliance & regulator oversight (stretched resources)
Work-life conflict
Neoliberal policies, precarious Neoliberal policies, precarious employment and social protectionemployment and social protection
OHS law regimes weakened (see later slide)OHS law regimes weakened (see later slide)
Workers’ compensation regime weakenedWorkers’ compensation regime weakened
Coverage and awarenessCoverage and awareness
Injury and disease surveillance Injury and disease surveillance
Difficulty making psychosocial claimsDifficulty making psychosocial claims
Poor return to work (fractured responsibility)Poor return to work (fractured responsibility)
More informal sector workersMore informal sector workers
Workers’ comp less relevant/cost burden shifted to communityWorkers’ comp less relevant/cost burden shifted to community
Exacerbated by de-collectivist changes to labour laws Exacerbated by de-collectivist changes to labour laws
that weaken unions, collective agreements and harder that weaken unions, collective agreements and harder
for women to access maternity leave, childcare etcfor women to access maternity leave, childcare etc
Work, the state & social protection – rich Work, the state & social protection – rich countries 1880-2007countries 1880-2007
Year 1880 1970 2007
Employment security & contingent work
No regulated job security & substantial contingent work
Secure jobs norm (except women)/small contingent workforce
Decline in job security & growing contingent workforce
Minimum labour standard laws (wages & hours)
No minimum wage or hours laws (except children)
Universal minimum wage and hours laws
Minimum wage and hours laws – some erosion
Extent of union membership & collective bargaining
Union density low (<10%) & limited collective bargaining
Union density 25->50% & extensive collective bargaining
Substantial decline in union density & collective bargaining
Extent of vulnerable groups of workers
Extensive exploited vulnerable groups (women, immigrants, home-workers, young & homeless, old)
Still vulnerable groups (women, immigrants & home-workers) but more circumscribed
Expansion of vulnerable groups (women, home-workers, immigrants, homeless, old & young –child labour re-emerge)
Extent of occupational health & safety law
Limited OHS law (factories, mines) & poorly enforced
Expansionary revision of OHS laws initiated
Expanded OHS law but under indirect threat
Extent of workers’ compensation system
No workers’ compensation system
Mandated workers’ comp/injury insurance system
Workers’ compensation /injury insurance – some erosion
Extent of public health infrastructure (water,hospitals, sewer etc)
Little public health infrastructure sewer, (hospitals, water)
Extended public health infrastructure/ health insurance
Public health infrastructure – some erosion
Social security safety net (sickness, age & unemployment benefits
No age pension, social security, unemployment benefits
Age pension/social security, unemployment benefits
Age, disability & unemployment benefits – cutback
State activity in utilities, education & transport
Limited state involvement in education & transport
Wide government involvement in education, transport, utilities
Privatisation, competitive tendering & social capital erosion
Work, the state & social protection – Work, the state & social protection – comparing rich and poor countries 1880-2007comparing rich and poor countries 1880-2007
Year Rich countries 1880 Rich countries 2007 Poor countries 2007
Employment security & contingent work
No regulated job security & substantial contingent work
No regulated job security & large growing informal sector
Decline in job security & growing contingent workforce
Minimum labour standard laws (wages & hours)
No minimum wage or hours laws (except children)
No or ineffective minimum wage or hours laws
Minimum wage and hours laws – some erosion
Extent of union membership & collective bargaining
Union density low (<10%) & limited collective bargaining
Union density low & limited collective regulation of work
Substantial decline in union density & collective bargaining
Extent of vulnerable groups of workers
Extensive exploited vulnerable groups (women, immigrants, home-workers, young & homeless, old)
Highly exploited vulnerable groups (children, women, immigrants, homeless, indentured/forced labour)
Expansion of vulnerable groups (women, home-workers, immigrants, homeless, old & young –child labour re-emerge)
Extent of occupational health & safety law
Limited OHS law (factories, mines) & poorly enforced
Little OHS law & hardly enforced (& only then in formal sector)
Expanded OHS law but under indirect threat
Extent of workers’ compensation system
No workers’ compensation system
Limited workers’ compensation & only in formal sector)
Workers’ compensation /injury insurance – some erosion
Extent of public health infrastructure (water,hospitals, sewer etc)
Little public health infrastructure sewer, (hospitals, water)
Little public health infrastructure (hospitals, water/sewage) except in ex socialist countries where being cutback
Public health infrastructure – some erosion
Social security safety net (sickness, age & unemployment benefits
No age pension, social security, unemployment benefits
No age pension, social security, unemployment benefits
Age, disability & unemployment benefits – cutback
State activity in utilities, education & transport
Limited state involvement in education & transport
Limited state activity except ex socialist countries and all subject to privatisation, competitive tendering & social capital erosion
Privatisation, competitive tendering & social capital erosion
Existing Responses by regulatory Existing Responses by regulatory agenciesagencies
Amended laws & new codes, standards & guides (eg Bullying and ‘Hidden Hazards’)
Strategic campaigns (but few prosecutions)
Supply chain focused integrated regulation
Symptom focus - little use of procedural
enforcement (eg risk assessment and consultation
re downsizing)
Inspectors address but resource intensive/logistical
limits
National OHS Inspector Project: National OHS Inspector Project: Project descriptionProject description
Four year federally (Australian Research Council) funded research project examined shift to process standards in four jurisdictions (Tas, Vic, WA & Qld)
Used documentary & statistical analysis, 171 interviews with inspectors, managers, policy people, former inspectors etc; and 84 days observing inspectors (118 workplace visits)
Workplace visits: Changed Workplace visits: Changed work arrangementswork arrangements
Industry Subcontracting
Leased workers
Direct temps
Working hours
Restructuring
Home-working
Occup
violence
Pay systems
Manufacture 7 7 6 2 5 1
Health services
5 3 5 1 1 2 3
Transport & warehouse
7 5 6 1 1
Forestry & agriculture
7 3 1 2 2 3
Retail 1 2
Construction 20 1 1
Services 5 1 7 1
Education 2 1
Total 54 20 28 7 10 2 3 4
Worker reluctance to raise Worker reluctance to raise issues?*issues?*
18 of 30 (60%) inspectors indicated fear of reprisal or victimisation was serious issue in terms of workers’ reporting issues to them
9 (30%) of 30 inspectors could nominate specific instances of victimisation they were aware of occurring
* Based on random sample of 30 interviews with
inspectors
Precarious employment: inspectors’ Precarious employment: inspectors’ comments continuedcomments continued
“I think that the changes in workplace relations and in aspects of contracting… people are…reluctant to raise health and safety issues. The level of knowledge in health and safety has been reduced and yes, the inspectors might not get the complaints but people who are not very prepared to talk about issues… and performance management systems… certainly reduced the…willingness of employees to speak up”.
Work change & precarious Work change & precarious employment: inspectors’ commentsemployment: inspectors’ comments
““the only thing that I’ve seen and really identified the only thing that I’ve seen and really identified is working in homecare because you’ve got the risk is working in homecare because you’ve got the risk of occupational violence, but there are other issues of occupational violence, but there are other issues from time to time with referral services…And the from time to time with referral services…And the neighborhood visits that we’re doing is picking up neighborhood visits that we’re doing is picking up things that the city council [has been amazed]. So things that the city council [has been amazed]. So they didn’t have a procedure for dealing with they didn’t have a procedure for dealing with violence in the workplace.” violence in the workplace.”
Some Policy solutionsSome Policy solutions
Reverse neo-liberal policies, integrate recognition of impacts Reverse neo-liberal policies, integrate recognition of impacts
of inequality & make work quality central policy issue (note: of inequality & make work quality central policy issue (note:
WHO closing the gap conference 6-7 Nov 2008)WHO closing the gap conference 6-7 Nov 2008)
Refashion law to counter evasionRefashion law to counter evasion
Pervasive labour standards/social protectionPervasive labour standards/social protection
Integrated IR,OHS & WC/social security lawsIntegrated IR,OHS & WC/social security laws
Supply chain regulation/corporate accountabilitySupply chain regulation/corporate accountability
More proactive and procedural enforcementMore proactive and procedural enforcement