bullying – Page 25 – SafetyAtWorkBlog

Workplace bullying statistics remain muddy

A recent article on workplace bullying by the CEO of Diversity Council Australia, Nareen Young, is a good introduction to the issue but, as with many other articles on the issue, the content requires careful consideration.

One statistical resource used on workplace bullying articles is the very important and influential March 2010 Productivity Commission (PC) report – Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety. Predominantly, this report lumps together “harassment”, “occupational violence”, and “fatigue” with “workplace bullying” under the term “psychosocial hazards”. This means it is impossible to extrapolate data from any specific workplace issue in this category, however the PC report does devote some sections of Chapter 11 specifically to bullying, but even then the statistics are tricky.

Young’s article states that

“Estimates of its [bullying’s] prevalence in the workplace vary, but one study outlined in the Productivity Continue reading “Workplace bullying statistics remain muddy”

WorkSafe Victoria provides insight into bullying investigations

It has been known for some time that OHS regulators struggle with handling reports of workplace bullying. Investigation of these hazards requires new inspectorate skills and take considerable time. Investigations of bullying involve people and this is always more involved than inspecting a missing machine guard or assessing the operation of a forklift. However, in an article in the Fairfax media on 24 July 2011 WorkSafe Victoria provides some surprising statistics that show a new perspective on workplace bullying and a contrast to recent statistics from Comcare.

The most significant statistic is that, of the 6000 reports of workplace bullying within the last 12 months, only 600 warrant further investigation and, of those, around 60 generate a physical inspection of the workplace. These statistics may indicate a range of issues:

OHS regulators require greater number of inspectors.
Workplace bullying is being critically misunderstood by the community.
Workers are confused about where to report their treatment and choose WorkSafe as the agency with the highest profile for workplace issues.
Other workplace-related agencies and authorities, such as Fair Work Australia and the Australian Human Rights Commission, need to raise their profiles on this issue.

What is missing from the WorkSafe statistics above is the next level of intervention. What action is being taken by the inspector? Will prosecutions occur? Are improvement notices applied? There may be just as wide a gap between the 60 inspections and an appearance in court.

For readers’ interest searching for “bullying” on the Fair Work Australia site reveals no results however the Australian Human Rights Commission site results in several references – a clarification of violence, harassment and bullying (with links for further information) and a workplace bullying factsheet. Continue reading “WorkSafe Victoria provides insight into bullying investigations”

New workplace bullying reference group established

Queensland’s Education and Industrial Relations Minister, Cameron Dick, has always been a strong critic of school bullying but now he has focussed on workplace bullying.

According to Minister Dick’s media release on 10 July 2011 the government is setting up a special reference group to examine workplace bullying. A spokesperson for the minister told SafetyAtWorkBlog that the membership of the reference group is unlikely to be finalised.

The Minister is quoted as saying.

“Queensland currently has existing laws to address workplace bullying and protect workers from harassment and the time is right to review these laws….I am establishing a workplace bullying reference group to look into the incidence of bullying and strategies to prevent bullying in Queensland workplaces.

The reference group will consist of senior worker and employer representatives, as well as legal and academic experts. Continue reading “New workplace bullying reference group established”

Canada begins developing a National Standard for Psychological Health and Safety in the Workplace

Mental health is attracting a huge amount of attention in western countries but much of this has a public health focus. Workplace mental health is not getting enough attention even though, correctly applied, this collective term could include the occupational hazards of stress, bullying, depression and suicide.

Canada has leapt ahead of most countries by committing to develop a National Standard of Canada for Psychological Health and Safety in the Workplace. According to a backgrounder on the initiative, the Standard

“…will be a stand‐alone voluntary standard. It will provide a methodology that will lead to measureable improvements in psychological health and safety for Canadian employees in their workplaces.”

Significantly, the business case for the Standard is expected to result in

enhanced cost effectiveness,
improved risk management,
increased organizational recruitment and retention [and
increased] corporate social responsibility.

This Canadian initiative has considerable merit and may provide the (non-regulatory) glue that is needed to supply a business-friendly management structure for a range of workplace mental health issues that are being combatted in isolation from one another. Workplace depression is fighting for attention against bullying which is battling out of a subset of stress……… Continue reading “Canada begins developing a National Standard for Psychological Health and Safety in the Workplace”

Workplace bullying survey of dubious value

A doomsaying workplace bullying survey is doing the rounds of the Australian media on 8 June 2011. The media release accompanying the survey (neither are yet available online), produced for a “web-based employment screening solution” WorkPro, says

“One quarter of employees (23%) say that they have been a victim of bullying or discrimination in the workplace in the last two years,…”

An equally valid interpretation from the same survey figures could be

“Three quarters of employees (76%) say that they have not been a victim of bullying or discrimination in the workplace in the last two years.”

The survey is terrific news. Workplace bullying may not be as big a problem in the workplace as recent media reports have led us to believe. But the survey takes the negative perspective and it is the negative that is being reiterated in the media. Continue reading “Workplace bullying survey of dubious value”

Will Brodie’s Law deter workplace bullying?

On 1 June 2011 the Australian television program 7PM Project ran an article about “Brodie’s Law” – an increase in the penalties for bullying and stalking. I was approached to be interviewed for the program due to my comments on this blog. I turned down the opportunity for a number of reasons, my time had already been committed to my family and filming did not fit that commitment but, more importantly, I am dubious about whether Brodie’s Law will have the deterrent effect that many hope for.

The 7PM Project approached an outspoken lawyer on the issue who refused to participate because he felt that his comments would not have fitted the approach favoured by the producer who contacted us. I had similar reservations. When I expressed my opinion about the lack of deterence, one producer acknowledged that this was a position expressed by almost all the people they had approached to participate.

The video of the 7PM Project segment is available online and begins around the 2 minute mark. Significantly occupational health and safety laws were not mentioned in the article. There was no mention of any of the OHS guidances on workplace bullying or of any of the regulator’s programs.

A workplace bullying expert of OHS professional would more likely have recited this definition or at least stressed the importance of repetition.

The speaker they chose for expert opinion on workplace bullying was Grant Brecht. Brecht was asked whether a definition of bullying exists. He answered that the definition relates to where psychological harm is possible. This is true but a crucial element of the definition of workplace bullying was missed in the discussion. According to WorkSafe Victoria:

“Bullying is repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.” [emphasis added]

Brecht also mentioned the need for individuals to assert themselves in the face of bullying but a detailed look at Brodie Panlock’s case shows that she did assert herself and that she did approach other workers at the cafe for assistance and she did talk to friends about the situation. That none of these actions helped Brodie is a core element of her tragedy. Bullying, as with many workplace hazards, is best dealt with by not allowing it to take root in any workplace from the very beginning of a business’ operation. Too many try to retrofit safety into an already toxic and dysfunctional workplace.

The 7PM Project also ran some dubious re-enactments of workplace bullying and, incongruously, some footage of a construction site?! Continue reading “Will Brodie’s Law deter workplace bullying?”

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

Intentionally or Recklessly Causing Serious Injury
Intentionally or Recklessly Causing Injury
Threats to Kill
Threats to Inflict Serious Injury
Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Category: bullying

Workplace bullying statistics remain muddy

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WorkSafe Victoria provides insight into bullying investigations

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New workplace bullying reference group established

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Canada begins developing a National Standard for Psychological Health and Safety in the Workplace

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Workplace bullying survey of dubious value

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Will Brodie’s Law deter workplace bullying?

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Brodie’s Law on bullying needs more consideration for workplace application

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