How can an OHS regulator get the management of its own staff so wrong?

How can an OHS regulator get the management of its own staff so wrong?

In June 2014, a NSW Parliamentary inquiry released its final report into Allegations of bullying in WorkCover NSW, that State’s occupational health and safety (OHS) regulator. The report found that

“…Workcover has a significant organisational problem with bullying.  This problem is a longstanding one and operates at a cultural level.” (page x)

The Committee Chairman Hon Fred Nile MLC, wrote that

“more effective leadership and governance is essential.” (page x)

Longstanding bullying problems?  Problems with leadership and governance?  Many companies and public sector organisations have had similar issues ambulances, police, fire services, research organisations, to name a few, and are working them through. What happened in New South Wales?

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The first Annual Statement on workplace bullying data gets a C+

Recently Safe Work Australia released  its first annual statement on “Psychosocial health and safety and bullying in Australian workplaces“.  This is a terrific initiative but it has a significant flaw – it combines statistical data for harassment and bullying even though they are different hazards, have different remedies, are usually handled by different professions in many organisations, and have different external appeal options.

The Annual Statement itself quotes its origin:

 “The Committee recommends that Safe Work Australia issues an annual national statement which updates any emerging trends of its collated data from each of the state and territory regulators, and the Commonwealth, with respect to psychosocial health and safety generally and workplace bullying specifically“. (emphasis added)

Nowhere in the Annual Statement is there any data specifically addressing workplace bullying.  Bullying is always linked with harassment, contrary to the brief from the House of Representatives Standing Committee on Education and Employment’s workplace bullying report, as I read it.

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Poor editing could increase confusion on workplace bullying

One of the occupational health and safety (OHS) issues that does not “travel” well across international borders is workplace bullying.  Each country usually has its own laws (if at all).  Each operates in a different culture and each has a different definition of what constitutes workplace bullying.  Those who communicate and publish information on this hazard need to be sure that an article is relevant to its readership or at least clearly indicate the article’s overseas origin.

On 28 May 2014 the Australian Financial Review (AFR) published a

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Analysis needed on new workplace bullying data

In December 2013 I wrote:

“The Age is correct in saying that claims of workplace bullying are “set to soar”. This has been predicted for some time, even privately by members of the Fair Work Commission, but the number of claims does not always indicate the level of a problem.” (link added)

Recently the Fair Work Commission (FWC) released its

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Senator Abetz oversteps on workplace bullying claim

abetz.com.au - Joe McDonald 130314Anyone dealing with occupational health and safety (OHS), or in any profession, knows to be careful with one’s words in public.  This is particularly so when one is dealing with mental health issues or claims of workplace bullying.  This week Senator Eric Abetz, Australia’s Workplace Relations Minister, seems to have overstepped the mark by misrepresenting some Federal Court Orders as related to workplace bullying, when the Court made no such statement.  This could simply be dismissed as political hyperbole in the heat of the moment but this was no off-the-cuff remark.  He headlined his media release on 13 March 2014 as:

“Joe McDonald found guilty of workplace bullying – yet again. Bill Shorten must now act”.

According to Safe Work Australia, an organisation within Senator Abetz’s portfolio, workplace bullying is defined in the most recent national guide as

“repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.” (page 2)

Nowhere in the Federal Court orders*  is workplace bullying, or any other bullying, mentioned and the Federal Court has not found Joe McDonald guilty of workplace bullying. The best that can be said is that Joe McDonald has a history of intimidation on construction sites and that this has created tense relations between the workforce and employers (perhaps a confused safety culture) and generated delays in construction.

Does this all matter? Yes

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New Zealand trumps Australia on workplace bullying advice

Cover of workplace-bullying NZWorkSafe 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.

Definitions

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?  

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Workplace mental health deserves more attention

Mental health needs in the workplace has been an evolving area of study and application and has been followed by the SafetyAtWorkBlog since its inception.  Several recent statements and reports in Australia have shown that the subject continues to be discussed but not by those who can make the substantial social change, the Government, partly due to a lack of the type of evidence needed by Government to justify the change.

Mental Health is the core element of almost all the contemporary workplace hazards that are categorised as psychosocial.  This includes stress, bullying, fatigue, suicide, work/life balance, and many more.  Each of these categories are important but most reporting and a lot of the health promotion initiatives in the workplace focus on the manifestation of mental health instead of the source.

On February 21 2014 the chair of the

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