Sexually transmitted diseases have for years dominated OHS in the Victorian sex industry. This dominant perspective is understandable, but it should not be the only perspective.

Sexually transmitted diseases appear to be addressed adequately by health campaigns highlighting the need to apply the hierarchy of risk controls, particularly the use of personal protective equipment, such as condoms, dams and gloves. Some institutional controls are in effect through the monitoring undertaken by the Health Department.

A recent study funded by a Commonwealth AIDS Research Grant, conducted by the Department of Anthropology and Sociology, University of Queensland and published in 1997 found that 96% of the sex workers surveyed thought clients were now more willing to use condoms.

In light of this situation, I recently completed a research project on non-disease related OHS issues in the Victorian sex industry. There were, however, a few barriers to accessing this industry. Being male, my requests for assistance raised suspicions of my motives. Many brothel owners are very sensitive to "inspections" regardless of them being from local council, health departments, vice squads or immigration officials. Many brothel owners don't acknowledge that occupational health and safety is part of their business and legal obligations.

After convincing a number of brothels that my intentions were purely OHS based my research uncovered the following problems:

• inappropriate storage labelling and manual handling of chemicals such as biocides and detergents used for cleaning showers, spas, toilets and so on
• smoking in the vicinity of chemicals
• no formal emergency and evacuation procedures, locked exits, broken exit signs, poor equipment maintenance, ineffective communication, vague warden responsibilities]
• slippery floors, narrow and steep stairwells, unsafe access and egress from spas
• unsafe storage of linen and chemicals
• informal and undocumented consultation with employees and casual staff
• no workers compensation payments, payments under wrong categories, reluctance by workers to make workers compensation claims, owners who deny any OHS responsibilities to casual staff
• drug use.

Due to the nature of the sex industry there are many unique barriers that make solving OHS problems a little more complicated than in other industries. The most significant barrier is the denial by most brothel owners that they have any OHS obligations to their staff.

They say the sex workers are contractors or casuals, so OHS is the individual's problem. Brothel owners, like many managers, try to transfer the risk and costs of safety.

The employer/employee relationship is simply denied by many owners. The employment status is defined by correspondence from the Taxation Office or labour hire firms and not by reference to legislation. Also, taxation issues and practices vary widely. Some owners have workers compensation, most don't.

The traditional motivations for OHS improvement do not apply. Reduction of workers compensation premiums only works if the premiums are paid or workers are prepared to make legitimate claims. The Victorian WorkCover Authority reports only five claims in the last 10 years. OHS practices can only be improved by commitment of management, and enforcement by Government WorkCover hadn't visited brothels since 1992.

The industry in Victoria, however, is starting to gain the attention of WorkCover.

A sex worker's complaint generated an inspection a couple of months ago. But it is unlikely that WorkCover will go any further than producing a Victorian version of the NSW Guide to OHS in Brothels.

There are substantial opportunities for government and industry representatives to establish and encourage good management practices that reflect the fact that the brothel industry is an industry with the same OHS and human resource obligations as any other. NSW WorkCover has supported its OHS guide with a detailed analysis of its brothel and sex industry. The level of commitment by Victoria's WorkCover Authority to the sex workers, owners, managers and clients remains to be seen.

© CCH Australia 2000 (Reproduced with permission)

Kevin Jones is a consultant with Workplace Safety Services P/L, and Editor of Safety At Work publications.