WorkSafe NZ has released “best practice guidelines” on workplace bullying. Best practice is a nonsense term but this guide is a major step above similar guides in Australia, in particular.
Guides always begin with definitions and the definition New Zealand has applied is the same as that in the recently released Australian workplace bullying guide but with a couple of odd semantic differences. These variations should not have any effect on organisational changes required to prevent bullying but the variations are curious. Australia describes “unreasonable behaviour” the actions that generate the bullying as:
“… behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.”
New Zealand’s definition is:
“…. actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising, humiliating, intimidating or threatening a person.”
Is there a difference between actions and behaviours? More…
On 6 February 2014 the Victorian Premier. Denis Napthine, announced the intention to
“…require construction companies to implement comprehensive drug and alcohol screening measures to ensure the safety of workers to be eligible to tender for Victorian Government construction contracts.”
This is to be part of the occupational health and safety (OHS) obligations of companies under the Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry. Understandably the construction union, particularly, is angry and feels as if it is being singled out. Both organisations have chosen their words very carefully. Premier Napthine is quoted as saying:
“Reports of illicit drug use and distribution on Victorian construction sites are widespread.”
The CFMEU‘s Victorian Secretary John Setka has stated that
“There is no epidemic of drug taking on construction sites…. Our Health and Safety representatives who look out for workers’ health and safety are not reporting a problem.”
It is unlikely there is an epidemic of drug use but the Premier is talking of drugs AND alcohol. More…
The “Australia’s Behaviour Concerns” (ABC) survey has received a good deal of press in Australia this week as it provides so many options for each State’s media to report on concerns identified by the survey’s respondents. Of the thirty-eight concerns identified, three involve occupational health and safety (OHS) directly:
- Work Harassment
- Discrimination and Bullying
- Unsafe Work Practices.
One of the significant issues with such surveys and findings is that these measure perceptions of safety and not the reality. Community concerns may be high but may mostly reflect topical events, campaigns and advertising so in terms of verifying marketing and OHS awareness campaigns, the survey may be most useful. More…
Many years ago the Construction Forestry Mining and Energy Union (CFMEU) won a WorkSafe Victoria award for a colouring in book. From memory the book depicted construction work so that children could understand what their parents do while the kids are at school. Since that time many companies have produced safety calendars from children’s drawings and train companies have created safety jingles and animated videos about decapitation. On 28 October WorkSafeACT launched a comic book about Hazardman.
Dr Rob Long rips the campaign to shreds in a blog article,concluding with
“It is amazing that the Regulator can impose this indoctrination campaign on the school system and now we learn that Safe Work Australia is going to roll it out throughout Australia. Fantastic, what a wonderful way to prepare our children and inoculate them against the realities of risk.” More…
Defining safety culture is still a tricky proposition. Definitions can vary from what Global Safety Index quotes:
‘the product of individual and group values, attitudes and beliefs, competencies and patterns of behaviour that determine the commitment to, and the style and proficiency of, an organisation’s health and safety management’.
to the, arguably more functional, definition of
‘the way you work when nobody’s looking”.
Safety culture comprises a mix of personal values, corporate values, laws, norms, expectations, hopes, respect, dignity, care, amongst others. By assessing and linking these elements it should be possible to map or pictorialise a company’s safety culture.
Several years ago at a Comcare conference in Canberra, one speaker outlined leadership and safety culture of some sections of the public service in web, spider or radar graphs (example above). The image stuck with me, particularly after additional sets of data allowed for animation to show the evolution of culture and leadership in relation to specific interventions. The importance of being able to provide a visual image of safety culture should not be understated. More…
As the 1 January 2014 implementation date for new workplace bullying processes approaches there is an increasing amount of legal, HR, and safety seminars, and newsletters and alerts being produced. Most reiterate the amendments to Australia’s Fair Work Act but occasionally there is additional information.
In a recent seminar, it was suggested that the draft Code of Practice for the Prevention and Management of Workplace Bullying, developed by Safe Work Australia, is to be released as a guidance note rather than a Code of Practice (see below). More…
The harmonisation of Australia’s occupational health and safety (OHS) laws has stagnated since the West Australian government’s tepid response to the strategy and Victoria’s belligerent and ill-founded rejection. But some continue to examine the harmonisation process. Eric Windholz is one of those researchers.
Windholz is a former executive of Victoria’s WorkSafe and is now with the Monash Centre or Regulatory Studies and is writing his thesis on OHS harmonisation (to be available soon through the Monash Library). Windholz acknowledges the political context of harmonisation, a context he describes as “contentious”.
The political maneuvering of various stakeholders in the harmonisation process deserves additional study. The harmonisation, or even national uniformity, of safety has occurred over a similar period in Australia with other industry sectors, most noticeably in rail. It is a strategy that was started by the conservative government of John Howard, embraced by the Australian Labor Party through its various prime ministerial incarnations and is now stagnant or even ignored. More…
This weekend the Australian people voted for the conservative Liberal Party to be the next Federal government. Workplace safety has been largely absent from the pre-election campaign but when it has been mentioned it has almost always been couched in terms of productivity. In the next few years, workplace safety issues must be couched in terms of productivity to have any hope of gaining the ear of the new government and, particularly, the ear of Senator Eric Abetz, the most likely candidate for the ministry of workplace relations.
Recent changes to workplace bullying laws which provide a prominent role of the Fair Work Commission are unlikely to be rolled back but Abetz has promised More…
Every so often, legal seminars on industrial relations and occupational health and safety identify possible solutions instead of spruiking a lawyer’s latest publication or showing off legal expertise and OHS ignorance. In a lunchtime seminar in July 2013, Melbourne law firm Maddocks provided 30 minutes of clarity on flexible working arrangements and another 30 on workplace bullying providing a useful and refreshing bridge between human resources, industrial relations and OHS.
Flexible Work Arrangements
The Fair Work Act seems to be constantly changing and one of the most recent changes is a revision of flexible working arrangements. These arrangements have always been on the fringe of OHS but integral to HR where returning to work from extended leave needs phasing in, or where one’s familial situation has changed so that 9 to 5 is no longer manageable. OHS is not overt in these negotiations More…
Victorian Workcover Authority (VWA),was in the pages of the Australian Financial Review in July 2013 over several issues -
- CEO Denise Cosgrove told staff of her wonderful holiday in Daylesford in the same email in which she advised of a review of operating budgets “including people costs” and of job losses,
- Former Minister for Workcover, Roger Hallam, has been appointed to undertake a review of the Victorian Workcover Authority ,
- Hallam is said to have been on the panel that appointed Cosgrove recently to the CEO post,
- Cosgrove has pushed for a change in common law (Common law was controversially dropped during Roger Hallam’s time as Minister).
There seems to be many issues bubbling away at VWA – common law, declining profitability, “dividends” and a secret review. More…