Duty of Care – Page 74 – SafetyAtWorkBlog

First look at Australia’s workplace bullying report

Australia’s Parliamentary Inquiry into Workplace Bullying has released its report that includes 23 recommendations and a dissenting report from the Coalition (conservative) committee members.

The first recommendation that most will look forward is the latest workplace bullying definition. The committee suggests:

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

This is no great shake from most of the previous definitions but illustrates further the isolation of Victoria from nationally harmonised work health and safety laws as WorkSafe Victoria’s preferred definition is

“… persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety.”

Regardless of which definition is “better”, Victoria will be further out-of-sync.

The Committee also recommends the Government

“develop a national advisory service that provides practical and operational advice on what does and does not constitute workplace bullying..”

This is sorely needed and will relieve State OHS regulators of the pressure and the resources. No timeline is mentioned but it is likely that the Federal Government will move to establish such a service quickly, as the recommendation is not surprising.

However, the opposition political mantra for any government initiative is how it will be funded. Continue reading “First look at Australia’s workplace bullying report”

Flogging a dead horse when it is still alive, though looking poorly

In The Australian newspaper on 24 November 2012, columnist Judith Sloan discussed how the harmonisation of Australia’s occupational health and safety laws are

“a present glaring example of a despot stripped bare…”

Earlier this year, in April, Sloan said harmonisation was dead so one could say she is flogging a dead horse. Some parts of her November article (only available online via subscription) do not seem to be supported by evidence and her terminology occasionally indicates a lack of understanding of occupational health and safety matters.

Sloan rehashes some of the April 2012 article including the image of crying public servants but gives prominence to the inconvenience to some companies under the Comcare scheme. Several years ago some national companies opted out of State-based OHS and workers’ compensation schemes in order to join the only national safety scheme that was available at the time. Part of the reason for this move was that it provided national coverage for national businesses. Some complained because Comcare was seen as having a much smaller enforcement team and that the OHS laws were, somehow, less than in many of the States. This option was provided under a Conservative Government to assist business. The same government instigated the OHS harmonisation process.

Continue reading “Flogging a dead horse when it is still alive, though looking poorly”

Workplace Bullying Beat-Up

Over the last few weeks the Australian print media has published several articles based on the expressions of concern by some business and employer associations about Safe Work Australia’s code of practice on workplace bullying. The latest article was in the Sunday Herald-Sun on 28 October 2012, “Bullying blueprint attacked” (not available in its original form online), which opens with the inflammatory paragraph:

“Workers in cushy jobs will be able to claim compo for being left idle, under national laws drawn up to combat bullying.”

The later online version of the article, by the same writer, Natasha Bita, has a much less aggressive title, “Plan to ban work pranks”, and a revised text. The “new” opening paragraph says:

“Workers will be able to claim compensation if their boss does not provide them with enough work and office pranks would be banned under national laws to combat bullying.”

This has not stopped Senator Eric Abetz releasing a media statement which states that the workplace bullying code reads

“like something out of the socialist playbook whereby personal responsibility is thrown out the window and everyone is bound in bubble wrap.”

Senator Abetz is known for these types of colourful statements but the question that should be asked is, why raise these concerns now? Continue reading “Workplace Bullying Beat-Up”

Half bored and tired to death

They both nodded in agreement when she said, “I’m half bored to death in this job, nearly had it”. Both women were freezing, sitting outside in the covered area. Their fingers blue.

The short morning break. You hurry, you panic, get a quick hot drink, a cigarette, quickly back into it. Hour after hour after hour “for the last 20 years” she said. From 5 am when she gets up to do things before rushing to work to start at 7 am. Rush back home at 3 pm to pick up ‘the youngan-whydidIdoit’ as she said of her late in life baby. She looked about 40.

Of course workplace fatalities and injuries are heart breaking tragedies. People work to earn a living, this is not a war zone. But the more common issues at work, those that grind people hour by hour for decades of their one single life are not to do with that.

They are to do with what in polite text will spawn dots. It’s to do with the daily tiredness, humiliation and wall-to-wall disrespect experienced by so many workers on a daily basis. It’s to do with that exhausting sense of, ‘I’ve just about had enough’. It’s to do with what I call F..kwit Fatigue. Continue reading “Half bored and tired to death”

New workplace safety laws set to pass in South Australia in October

South Australian Independent Member of Parliament, John Darley, has been negotiating on that State’s Work Health and Safety laws for many months. On 17 October 2012, according to a media release from SA’s Premier Jay Weatherill and Workplace Relations Minister Russell Wortley, Darley agreed to support the passing of the laws after achieving some amendments. Those amendments involve changes to

height limits,
duty of care,
the right to silence, and
the right of entry.

Tammy Franks, a Greens MLC, was able to achieve an expansion of the number of days available for OHS representative training.

A spokesperson for John Darley told SafetyAtWorkBlog that another change was for any WHS codes of practice to undergo a small business impact assessment in consultation with the Small Business Commissioner. Darley’s spokesperson said that the MP had met with Business SA after it changed its position on the WHS laws. The amendment above is likely to address the small business concerns that BusinessSA raised in its letter to its members earlier this month. The flip-flopping of BusinessSA on workplace health and safety laws was always curious and it is likely to put the organisation at a negotiating disadvantage once the laws passed. It may try to claim a mini-victory through the small business change but the change appears to have occurred due to Darley’s efforts and not through any relationship with the South Australian Government. Continue reading “New workplace safety laws set to pass in South Australia in October”

Insurance may diminish a director’s commitment to their positive OHS duty

Neil Foster of the University of Newcastle is known to SafetyAtWorkBlog for his work looking at the legal liabilities of company directors and officers. Recently Foster released a paper called “You can’t do that! Directors insuring against criminal WHS penalties” which provides an additional legal context to an earlier blog article.

Foster acknowledges that

“…provisions of the criminal law imposing personal liability for company breach of workplace health and safety provisions provide one of the strongest ‘drivers’ for company officers to use due diligence to see to the implementation of company safety policies.”

and asks

“… what if the officer knows all along that, should they be subject to such a penalty, the company, or an insurance policy, will come to the rescue?”

This is a concern that relates to insurance policies or indemnities that are being offered in some industrial sectors. Insurance could dilute the diligence of officers and directors on a range of matters including workplace safety. Continue reading “Insurance may diminish a director’s commitment to their positive OHS duty”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home. The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying. Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

Category: Duty of Care

First look at Australia’s workplace bullying report

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Flogging a dead horse when it is still alive, though looking poorly

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Workplace Bullying Beat-Up

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Half bored and tired to death

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New workplace safety laws set to pass in South Australia in October

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Insurance may diminish a director’s commitment to their positive OHS duty

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Momentum increases for tangible action on workplace bullying

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