CCH and Freehills produce a curate’s egg of an OHS book Reply

CCH Australia has a long history as a prominent publisher on occupational health and safety issues but its latest book is a “curate’s egg”.

Australian law firm, Freehills, has always been very involved with CCH’s “Master occupational, or work, health and safety  guides but the 2012 edition of the Australian Master Work Health and Safety Guide is a more obvious marketing tool for Freehills than previous editions.  The books have long had a back page advertisement.  This year’s back page is devoted entirely to Freehills. The early pages of this edition include ten of photos of Freehills authors contributors with another eight of other non-Freehills authors before any useful text appears.  It is difficult to see the need for such prominence when names alone have been sufficient in books for decades.

The book is also much more graphical and pictorial than previous editions but CCH’s decision to keep the book’s contents in black and white is less than impressive.  Some of the monochrome photos in the Manual Tasks chapter are indistinct. Previous OHS books like CCH’s 2003 Australian Master OHS and Environment Guide had no graphics so colour was not missed.  The lack of colour was a poor decision for this book.

The chapters on the model Work Health and Safety laws are less interesting than those sections dealing specifically with hazards.  This book is a good introduction to many of the OHS issues that safety professionals will deal with or need to be aware.  One recently graduated work colleague found the chapter on Plant Safety particularly good but basic.  The information on the WHS laws seems familiar, and similar information is likely to be available from a much cheaper source or from reputable online sources.

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Where do workers and managers learn about respect? 6

The origins of workplace bullying behaviour seem many.  One of the issues to, hopefully, emerge from Australia’s inquiry into workplace bullying is how to prevent and minimise bullying, but to do so, one will need to identify the causes.  And these causes need to be more than an amorphous, unhelpful concept like “workplace culture”.

David Yamadamake this comment in his blog, “Minding the Workplace“, about a recent article in a New York Times blog (gosh, social media feeds social media.  What’s a newspaper, Daddy?):

“Doctors and lawyers in training may have no idea how to conduct themselves as practitioners, other than being influenced by a lot of unfortunate “role models” on television. If we want to prevent workplace bullying, the training schools for these professions are the first and perhaps best places to start.”

This point links thematically to several recent SafetyAtWorkBlog articles about defining a safety profession, moving from a practice to a profession, workplace culture and workplace bullying. More…

New anti-bullying campaign launched 2

Brodies’ Law concerning workplace bullying is set to gain more media attention today as the Victorian Attorney-General, Robert Clark, launches a new anti-bullying campaign.

The campaign has been pushed for by the parents of Brodie Panlock, Damien and Rae, and was whispered about at recent public hearings into workplace bullying.  However, the media campaign gained a shaky start on the ABC from psychologist Evelyn Field.  Her interview, which was videoed, appears almost off-topic and never gains the gravitas the subject of workplace bullying deserves.  The ABC may be partly at fault here by choosing Evelyn Fields instead of the Attorney-General or Brodie’s parents.

The media release of the Attorney-General (not yet available online) states that the ‘Take a stand against bullying’ campaign

“… will see information about bullying and Brodie’s Law distributed to more than 8,000 schools, workplaces and police stations across Victoria.”

When one considers the number of schools, workplaces and police stations in Victoria, 8,000 is not a lot.  Victoria Police has been very supportive of Brodie’s Law and the Panlock family and have produced a terrific Youtube video to explain the law.  It is far more effective than other attempts to explain the law. More…

Bullying Hansard provides hope, despair and extraordinary claims 3

On 12 July 2012, SafetyAtWorkBlog described Moira Rayner as the “stand out speaker at the public hearing into workplace bullying conducted in Melbourne Australia.  She was always on topic and spoke of her own experience of being accused of bullying.  The Hansard record of that hearing is now available online and deserves some analysis to illustrate Rayner’s points but to also to expand our understanding of workplace bullying and the Committee’s operation.

Moira Rayner

As a representative of the Law Institute of Victoria, Moira Rayner, questioned the existing definition of workplace bullying favoured by Australian OHS regulators and said that the definition requires case studies and examples of workplace bullying so that people understand the application of the definition in reality.  Many case studies are available in the bullying/OHS/HR literature but these are rarely communicated to community except by labour lawyers through bulletins or by media releases from OHS regulators that rarely gain attention beyond the media editors.

Rayner addressed the confusion in the workplace bullying definition from its reliance on “unreasonableness”:

“It seems to me that unreasonableness or the claimed reasonable purpose of the behaviour needs to be, again, spelled out. You hit on the crux of the matter, Madam Chair, when you say that it is More…

Australian employer group doesn’t “get” workplace bullying 4

Garry Brack is the head of the Australian Federation of Employers and Industries (AFEI), formerly known as Employers First which summarises the industrial philosophy of the organisation.  In the past he has stated that OHS laws are not necessary but this week he has upset the parents of Brodie Panlock by emphasising a failed love affair between Brodie and a work colleague and downplaying the  instances of abuse and bullying that drove Brodie Panlock to jump to her death.

The comments on the ABC Lateline program echo his comments at the public hearing in Sydney of the Parliamentary Inquiry into Workplace Bullying. (The Hansard of his presentation is not yet available online although the AFEI submission to the inquiry is)  Brack’s position is difficult to understand as the Inquiry submission and his words at the hearing display a poor understanding of how other organisations and experts (and Brodie’s parents) see workplace bullying.

The AFEI submission says

“What concerns employers is the breadth of these [bullying] definitions which allow a limitless range of actions and behaviour to be construed as bullying by workers – in all jurisdictions. This is where the regulatory difficulty lies. It is not that there are differences in regulatory requirements but that compliance is impossible to achieve. This is because the concept of workplace bullying, as viewed by regulators, is not confined to recklessness, intimidation, aggressive or violent acts, threatening actions or behaviour, verbal abuse or an actual risk to health and safety. It may be anything from a customer demanding faster service or just complaining (even over the phone) to setting deadlines or changing work hours.”

There are several nonsensical statements here.  The Parliamentary Inquiry is not an investigation of regulations, it is an inquiry into workplace bullying.   More…

Why all the arguing over a workplace bullying definition? 5

There have been many calls in Australia for a national definition of workplace bullying.  Apparently the definition below that has applied in OHS legislation for over ten years in Victoria is insufficient:

“Repeated unreasonable behaviour directed toward a worker or group of workers that creates a risk to health and safety.”

The definition above was the one used in the first draft Code of Practice on Preventing and Responding to Workplace Bullying produced by Safe Work Australia in September 2011.

The definition was questioned by Moira Rayner, as a representative of the Law Institute of Victoria, at recent public hearings into workplace bullying.  Researchers said that a lack of a national definition is a major reason that research in workplace bullying has been so thin.

A quick survey of workplace bullying definitions in Australia is listed below:

“Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which More…

“Loose” workplace bullying statistics published 5

Workplace bullying policy matters are at their peak in Australia this week as public hearings occur at the House Standing Committee on Education and Employment inquiry into workplace bullying. Several experts on the prevention of workplace bullying will be appearing at these hearings but the topicality also allows others to release or promote data on workplace bullying.

Safety Consultants Australia (SCA) released a “blueprint” on Safety Hazard: Workplace Bullying in March 2012 that has been recirculated this week. The blueprint is a useful example of the care that needs to be taken when summarising data on workplace bullying.

SCA states, IN VERY BIG LETTERS, that the Productivity Commission estimated that

“Workplace Bullying costs Australian employers between $6 – $36 billion every year.”

SCA has released a flyer with the same information in EVEN BIGGER LETTERS however the Productivity Commission’s report Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety (2010)  states on page 279:

“Estimates of the prevalence and cost of psychosocial hazards vary considerably. For example, using international studies as a guide, estimates of the annual cost of workplace bullying to employers and the economy in Australia ranged from $6 billion to $36 billion (in 2000).” More…

Public hearings into Workplace Bullying to commence in Australia 8

Next week Australia holds public hearings into the issue of workplace bullying. Currently the House Standing Committee on Education and Employment has not yet made any submissions publicly available which handicaps the value of the public hearings for observers but the Trade Unions have released their submissions.  Generally, the suggestions for control measures are progressive but the submissions also indicate the extent of the challenge in “controlling” workplace bullying and some of the challenges facing this inquiry.

The ACTU claims that workplace bullying was given national prominence following a survey of union members in 2000 but that survey is not representative of the broader Australian community and should be treated with caution.  The ACTU submission seeks support for its survey results from more authoritative sources such as Safe Work Australia and the Productivity Commission.  But neither of these sources indicates workplace bullying to be as big an issue as the ACTU claims.

Safe Work Australia’s figures, quoted by the ACTU , say that in

“In 2007/08, 26% of accepted workers compensation claims for mental stress in Australia resulted in 26 or more weeks off work.”

The significance in this quote is that bullying is not mentioned and if one accepts that bullying is a subset of mental stress and psychosocial hazards, bullying should be only a fraction of the 26% figure.  It is also the case that it is common for victims of bullying to eliminate the hazard through resignation rather than lodge workers’ compensation claims.  So one metric may indicate a low bullying rate but another indicates a “hidden” rate.  Accurate measurement, the accumulation of evidence, is a major problem in any study of workplace bullying and is a major challenge for this Parliamentary Inquiry. More…

Workplace bullying in the police force illustrates the challenges of change management 2

There are two newspaper reports in Australia on 21 June 2012 about the Victorian Police Force that illustrate a fractious safety culture and a major organisational and ideological impediment to reducing workplace bullying.

The Australian article ” OPI concedes failure against force’s culture” (only available to subscribers) states that:

‘The Office of Police Integrity has conceded it and other corruption fighting measures have failed to root out the entrenched culture of reprisals and mateship in pockets of the Victoria Police that seriously harms the force….”

“The OPI says current law fails to deal with why whistleblowers are targeted. ‘‘The legislated protections against retaliation do not address the root cause of reprisal — a workplace culture of misguided loyalty,’’ it argues.  “The protections are individualistic and short-term, tending to ‘look after’ victims and potential victims of reprisal rather than address why reprisal occurs.’’

“Despite the subsequent formation of the OPI and the beefing up of the Ombudsman’s powers, police still struggled to break free of the shackles of loyalty and the so-called brotherhood.’

The Age article, “A fifth of police bullied at work“, reports on a government survey circulated to 14,000 people.

‘The figures, provided to The Age, mean about 1250 of the 4200 police staff who completed the survey have seen bullying behaviour, while nearly 900 say they have been bullied.’ More…

Brodie’s Law not being applied. Perhaps a broader context is needed. 8

Workplace bullying is a hazard that must be recognized, addressed and punished, but above all prevented. “Brodie’s Law” was always going to be a part of this challenge but never the solution.

Today’s Age newspaper bemoans the fact that “Brodie’s Law” has not been applied since its introduction 12 months ago.  This is not surprising and the article provides some clues to why.

The application of this law seems now to be mainly intended for the Victorian Police force and, as with any police force, there are a great many items on their agenda of which workplace bullying is only one.

Policing and harm prevention

It can also be asked why the Victorian Police force is policing a workplace issue?  Workplace safety is principally the responsibility of the employer or, in the new language, person conducting a business or undertaking.  The bullies and employer involved in the bullying of Brodie Panlock were prosecuted under occupational health and safety law, not the Crimes Act. More…