bullying – Page 26 – SafetyAtWorkBlog

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT). The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers. The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Bullying Code of Practice illustrates the huge challenges of OHS in Australia

Australia has released a draft Code of Practice on “preventing and responding to workplace bullying“. As it is the latest publication on this issue by an OHS authority, it deserves some analysis.

The draft code has applied the established definition of workplace bullying as:

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

It covers direct and indirect bullying and includes the new communications technologies through which stalking and cyberbullying can occur.

Unintentional bullying

Curiously the draft Code also includes “unintentional bullying”:

“Bullying can also be unintentional, where actions which, although not intended to humiliate, offend, intimidate or distress, cause and should reasonably have been expected to cause that effect. Sometimes people do not realise that their behaviour can be harmful to others. In some situations, behaviours may unintentionally cause distress and be perceived as bullying.”

This section has generated some discussion already. Professional colleagues today explained to me how inappropriate acts may be construed by the recipient as bullying even through the proponent does not see the actions as such. The quote above importantly emphasises the role of perception, a concept that is not traditionally associated with OHS, where facts, figures and engineering solutions are more comfortable. Perceived bullying, injustices and abuse have been more often dealt with through human resources networks. It is difficult to see any way of investigating workplace bullying without substantial support from an HR professional. It is similarly difficult to see any way of preventing bullying without access to this resource. Continue reading “Bullying Code of Practice illustrates the huge challenges of OHS in Australia”

There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria

WorkSafe Victoria has been heavily criticised in the media over recent days about “revelations” of workplace bullying within the authority, a government authority that has the role of regulating workplace safety, a role that includes reducing the risk of bullying.

It would be easy to only look at the newspaper articles of this week but the issue has been bubbling away for some time. WorkSafe has always struggled with addressing workplace bullying in its own staff, the community and other government agencies. But this is not unique. A 2010 report on bullying in the Victorian public sector showed a high incidence of workplace bullying across the public service going back to 2005. What makes the WorkSafe situation different is that the hazard of workplace bullying is being alleged in the organisation who should know best how to control it.

The Age has reported previously on bullying in the public service previously in 2005. The Age reported then that

“The Government’s own research, based on a survey of 14,000 public sector workers, found that more than one in five had been bullied or harassed by colleagues or managers in the past year. A further 40 per cent had witnessed others being abused.”

Karen Batt, a long-serving State Secretary of the Community & Public Sector Union (CPSU), has been outspoken on workplace bullying every time the matter has been raised in survey reports and the media for many years. The recent Age articles quote her extensively and The Age’s publisher, Fairfax, has even posted recent audio of Batt’s opinions.

But it is important to ask why the issue of workplace bullying at WorkSafe has reappeared, now, in late September 2011. Continue reading “There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria”

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”

Category: bullying

Bullying has many causes and too many avenues of appeal

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Bullying Code of Practice illustrates the huge challenges of OHS in Australia

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There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria

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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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