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