Through Wilful Blindness I begin to see

Put your hand over your ears and start saying La La La La La La La.  That is willful blindness (or, technically,deafness, but let’s not quibble).

Margaret Heffernan, author of a new paperback edition of  “Wilful Blindness  – Why we ignore the obvious at our peril“, discovered wilful blindness while researching the trial of the Enron executives.  Heffernan says that

“Judge [Simeon] Lake was applying the legal principle of wilful blindness: you are responsible if you could have known, and should have known, something which instead you strove not to see.” (page 1)

Heffernan’s book is not simply a new book on business management. Heffernan acknowledges that wilful blindness is not limited to a workplace, person or management theory.  She also says wilful blindness is not always a negative.  It is this breadth of approach to the topic that increases the worthiness of her book. Continue reading “Through Wilful Blindness I begin to see”

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

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. Continue reading “Brodie’s Law not being applied. Perhaps a broader context is needed.”

Workplace bullying hits the national agenda in Australia

On Saturday morning, May 26 2012, the Australian Prime Minister, Julia Gillard, and her Workplace Relations Minister, Bill Shorten, announced an inquiry into workplace bullying to be undertaken by the House Standing Committee on Education and Employment and to report to Parliament in November 2012.

This announcement seems to be another that is buried or overtaken by current political events.   The Australian Broadcasting Corporation mentioned workplace bullying as a “silent epidemic”.  There is a strong risk that the politicians are overstating the workplace bullying case.  WorkSafe Victoria receives thousands of enquiries about workplace bullying but only a portion of them fit the workplace bullying definition and only a handful proceed to a prosecution.  The government needs to be careful that it is not operating to a perception of workplace bullying instead of the reality, even though the community outrage is genuinely felt.

The Age newspaper and AAP, basically printed an edited media release but the most significant statements have not been printed.  These are the comments by the Prime Minister, Minister Shorten and the parents of Brodie Panlock, Damian and Rae.  Below is a selection or statements from the doorstop transcript:

PM : “I’ve have had the opportunity to have a conversation with Damian and with Rae about their family experience and they will talk about that family experience themselves, but it led to the loss of their daughter Brodie. And they fought hard here in Victoria for Brodie’s law, to have a law that deals with serious bullying at work. Continue reading “Workplace bullying hits the national agenda in Australia”

Workplace safety and the human condition

Articles and reports about decent work, dignity at work and mental health issues are increasingly appearing on my desktop.  Perhaps this indicates a convergence of perspectives to a better understanding of the human imperative in the modern workplace.  It may be a realisation of where and how work fits the human condition.

On May 1 2012, the Australian Catholic Social Justice Council (ACSJC) issued a pastoral letter on the “Dignity of Work“.  This came across my desk around the same time as I was looking at values-based safety.  The parallels between dignity and values-based safety were obvious.

Continue reading “Workplace safety and the human condition”

Australian senator sees OHS consultation as “collusion”

In response to correspondence from an Australian safety professional, Senator Eric Abetz, Federal Shadow Minister for Employment and Workplace Relations, has displayed his ignorance of occupational health and safety (OHS) laws.  In the  email response, reproduced in full below and dated 26 April 2012, Senator Abetz, accuses “big Government” “big unions and big business” of colluding on the development of Codes of Practice.

Abetz shows his misunderstanding of the status of codes of practice in the regulation of OHS.  He also uses a DRAFT  code of practice to illustrate the absurdity of new OHS laws, a draft that is having a contentious route but is expected to be considerably changed in the final version.

The draft code he chooses is workplace bullying and the senator tries to illustrate how silly this code’s suggestions are by hypothesizing a small business.  He chooses a two person plumbing firm.  How different his perspective could have been should he have chosen a real small business workplace bullying case that resulted in a worker killing herself.  How convenient to avoid the Cafe Vamp example. Continue reading “Australian senator sees OHS consultation as “collusion””

Executive Director says WorkSafe has been reactive on workplace mental health

Ian Forsyth, Health and Safety Executive Director, for WorkSafe Victoria spoke at a breakfast seminar on 7 February 2012.  As a report on what WorkSafe has been doing and what they plan to do in 2012, it was reasonable but there were several issues that raised eyebrows or confused some in the audience.

Workplace Bullying

Ian Forsyth spent some time speaking about the importance of workplace bullying, repeatedly stressing that most calls to WorkSafe about bullying do not fit the definition that would allow WorkSafe to act.  No mention was made of the divergent views on workplace bullying coming through the public comment phase of the draft national code on workplace bullying over the last few months.

Several times Forsyth stressed that there were other avenues for action or appeal on matters that do not fit the WorkSafe definition, such as the Fair Work Ombudsman and other authorities.  This is the reality but the comments provide no real solution to handling the thousands of calls WorkSafe receives on workplace bullying each year.   Continue reading “Executive Director says WorkSafe has been reactive on workplace mental health”

CEO departure has no apparent controversy

Speculation has been rife about the departure of Victorian WorkSafe’s CEO, Greg Tweedly since it was announced on 11 January 2012. Crikey (not available online) has aired questions about Tweedly’s lack of action on workplace bullying which WorkSafe has been accused of not addressing. The Age newspaper has juxtaposed the Liberal Government’s use of $A471 million of WorkCover premiums for consolidated revenue with Tweedly’s departure.

On the workplace bullying issue, Tweedly has said previously that he does not believe that WorkSafe has a toxic work environment. When the accusations were being aired in 2011 it was Tweedly who faced the media, where in the past it would have been more likely for the Executive Director to address these issues. Bullying accusations are highly embarrassing for WorkSafe as they issue the sdvice on preventing bullying at work, however WorkSafe is only one of the many government bodies in Victoria and in other Australian States that have been accused of this hazard. Other instances of workplace bullying reports have resulted in independent inquiries but not so with WorkSafe. Perhaps Tweedly is right and the working environment in WorkSafe is not toxic, or no more toxic than any other government department or authority. Perhaps the critics should be focussing on the problem of bullying in the workplace rather than the workplace, or the executive management, itself. Continue reading “CEO departure has no apparent controversy”

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