Michael Quinlan, University of NSW and Richard
Johnstone, Griffith University, Australia
Meeting the Regulatory
Challenges Posed by
Precarious Employment for
Occupational Health and
Safety
Research Seminar on Psycho-Social Hazards and the Role of Labour
Inspectors and Workers’ Representatives in their Prevention:
Reflections through a Gender Lens, 13 January 2010, Santiago Chile
Overview
Changes to work and OHS effects of this
How best to explain these effects
Briefly identify historical parallels that
should inform policy makers
Examine existing policy responses and
indentify a framework for future policy
developments
Changes to Work Organisation &
Job Insecurity (1975-2008)
Repeated downsizing, restructuring & work
reorganisation (work intensification via task changes,
multi-tasking etc)
Outsourcing/growing use subcontractors/labour
leasing (means privatisation in public sector) &
franchising
Decline in permanent jobs
Changes to Work Organisation &
Job Insecurity continued
Corresponding growth of temporary, fixed contract &
leased jobs as well as home-based work & telework
More multiple jobholding, long shifts, unpaid
overtime/presenteeism
Increased immigration/use of temporary guestworkers
Looming global recession likely to exacerbate these
trends
Review of research on OHS effects of
changing work arrangements
Published international research 1966-2008 (IJHS)
weak & ‘repeat’ studies culled
Measures include injury rates, disease, hazard
exposures, violence, mental health, knowledge and
compliance
86 studies of job insecurity/downsizing (73 or 85%
found adverse OHS effects)
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Studies using mental health/psychosocial measures common
Few studies on effects on bullying and occupational violence
Growing number of studies look at work life balance/hours
Gender imbalance remains in terms of measuring effects
Public health effects (healthcare) and job ‘quality’
Review of research on OHS effects of
changing work arrangements cont.
25 studies of outsourcing/subcontracting & home-based
work (23 or 92% found adverse effect, 2 mixed)
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Mostly injury focused & not enough on psychosocial
Few studies deal with bullying/occupational violence
Research has stalled & major areas re women neglected
(homecare)
Permanent part-time workers – very few studies/mixed
22 studies of temporary work/agency work (17 or 77% found
adverse effect)
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Psychosocial outcomes more mixed (different trajectories)
Number of studies is mounting but still not enough on women
Exposure effects often overlooked
Unwanted sexual advances higher (LaMontagne et al 2009)
Link between precarious employment
& 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 intensification
economic vulnerability
Lack of dignity/powerlessness
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Commodification of social interaction
conducive to more autocratic & ‘masculine’
management forms
limited legal rights/access
Job insecurity/life insecurity
Poor work/family balance
How restructuring and downsizing
can alter work systems, process &
environment
Reallocation of tasks/loads to smaller staff
pool
Changes to job descriptions, multi-tasking
Changes to workplace facilities (space etc)
Changes to training, supervision (hard HR)
How restructuring and downsizing
can alter work systems continued
Disorganisation (communication, isolation etc)
Changes to hours (paid/unpaid), leave access
Changes to grievance/consultation mechanisms
Uncertainty and insecurity affects organisation
priorities
Adverse effects of downsizing,
restructuring & job insecurity
Increased risk of injury & disease/illness (eg
cardiac disease)
Increased stress due to overload, insecurity &
disorganisation (flow-on effects & externalities)
Increased risk of bullying & occupational
violence (eg client)
Adverse effects of downsizing,
restructuring & job insecurity
Presenteeism, burnout & adverse effects on
work/life balance
Older and more committed workers suffer worst
Those losing jobs get inferior jobs, intermittent
jobs or none at all (especially older workers)
Attempts to explain adverse OHS
effects of precarious employment
Karasek’s demand/control or job strain
model (too task focused)
Siegrist’s effort/reward model
Lewchuk’s employment strain model
(includes job search and social support)
Sydney Uni Work Health Team PDR
model (pressure, disorganisation &
regulation)
PDR model: Risk factors associated
with Insecure and contingent work
Effort/Reward
Pressures
Disorganization
Regulatory Failure
Spill-over
Effects
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
employment and social protection

OHS law regimes weakened (see later slide)
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Workers’ compensation regime weakened
Coverage and awareness
Injury and disease surveillance
Difficulty making psychosocial claims
Poor return to work (fractured responsibility)
More informal sector workers
Workers’ comp less relevant/cost burden shifted to community

Exacerbated by de-collectivist changes to labour laws
that weaken unions, collective agreements and harder
for women to access maternity leave, childcare etc
Work, the state & social protection – rich
countries 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
(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
standard
laws
Work, the state & social protection – comparing
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
(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
standard
laws
Existing Responses by regulatory
agencies

Amended laws & new codes, standards & guides
(eg Bullying and ‘Hidden Hazards’)
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Strategic campaigns (but few prosecutions)
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Supply chain focused integrated regulation
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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:
Project 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
work arrangements
Industry
Subcontr
acting
Leased
workers
Direct
temps
Working
hours
Restructu
ring
Manufacture
7
7
6
2
5
Health
services
5
3
5
1
1
Transport &
warehouse
7
5
6
1
1
Forestry &
agriculture
7
3
1
2
2
Retail
1
Construction
20
1
1
Services
5
1
7
Education
2
Total
54
Homeworking
Occup
violence
Pay systems
1
2
3
3
2
1
1
20
28
7
10
2
3
4
Worker reluctance to raise
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’
comments 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
employment: inspectors’ comments
“the only thing that I’ve seen and really identified
is working in homecare because you’ve got the risk
of occupational violence, but there are other issues
from time to time with referral services…And the
neighborhood visits that we’re doing is picking up
things that the city council [has been amazed]. So
they didn’t have a procedure for dealing with
violence in the workplace.”
Some Policy solutions
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Reverse neo-liberal policies, integrate recognition of impacts
of inequality & make work quality central policy issue (note:
WHO closing the gap conference 6-7 Nov 2008)
Refashion law to counter evasion
Pervasive labour standards/social protection
Integrated IR,OHS & WC/social security laws
Supply chain regulation/corporate accountability
More proactive and procedural enforcement