HR and Legal have failed to address sexual harassment. Could OHS do better?

2019 is likely to be the year when the deficiencies and advantages of the occupational health and safety (OHS) approach to the prevention and management of the psychological harm produced by work-related sexual harassment will contrast (clash?) with the approach used by the Human Resources (HR) profession.  For many, many years OHS has failed to implement the control measures that the available research and guidance recommended.  For the same length of time, HR has largely focused on addressing the organisational consequences of accusations of sexual harassment displaying a preference for legal action or to move the accuser out of the organisation.

These approaches persist but there is some hope that recognition of each others’ role and purpose can bridge the ideological demarcations.  Australia’s inquiries into work- and non-work-related harassment have the potential to change the way psychological harm is seen, managed and, maybe, prevented.

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The Shock of the New

The Australian Human Resources Institute (AHRI) has recently published an article about the significant Human Resources trends for 2019. The trends identified include

  •  “A Change of Government”
  •  “Gig Economy Classification”
  •  “Sexual Harassment”
  •  “Technology Trends”

SafetyAtWorkBlog will be more specific in its occupational health and safety (OHS) “trends” for 2019.

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Addressing the invisible causes of visible harm

The trade union movement was instrumental in showing that workplace bullying was a pervasive problem in Australian workplaces.  Many Codes of Practice and guidances for workplace bullying and occupational violence were written shortly after the action by the Australian Council of Trade Unions almost two decades ago.  But, for some reason, although sexual harassment was mentioned in those early documents, it never received the attention in occupational health and safety (OHS) circles that, in hindsight, it should have.

Perhaps a more sustainable and effective strategy would be to focus on the “harassment” rather than the “sexual”, or in

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If all you have is a hammer, everything looks like a nail

The trade union movement has often been instrumental in affecting and sometimes creating government policy on occupational health and safety (OHS).  The latest generation of hazards – psychosocial – can be traced back to a survey late last century of workplace stress conducted by the Australian Council of Trade Unions (ACTU).  This week the ACTU released its survey into sexual harassment at work.

The current survey should not be seen as representative of any social group other than trade union members even though the survey was completed by 10,000 of them.  Also, this survey is far less likely to be as newsworthy as last century’s surveys as the agenda on workplace sexual harassment has already been established by reports from groups like Universities Australia and, especially, the current work by the Sexual Discrimination Commissioner and the Australian Human Rights Commission.  It is also likely to be covered, probably as a secondary issue, in the various mental health inquiries scheduled for 2019.

The ACTU survey provides additional information to our understanding of sexual harassment at work but certainly not the whole picture.

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Productivity Commission sets stage for inquiry into mental health

The Australian Government has released the terms of reference into its Productivity Commission inquiry into mental health.  The inquiry has broad aims that clearly include occupational health and safety (OHS) and may set some evidence challenges for some of those in the workplace wellbeing sector:

“It will look at how governments across Australia, employers, professional and community groups in healthcare, education, employment, social services, housing and justice can contribute to improving mental health for people of all ages and cultural backgrounds.” (emphasis added)

The Treasurer Josh Frydenberg MP has written that

“the Commission should consider the role of mental health in supporting economic participation, enhancing productivity and economic growth.”

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Bad bosses

Benjamin ArtzAmanda H. Goodall  and Andrew J. Oswald determined that

“There are no published papers — to our knowledge — that assess in an internationally consistent way the rarity or commonness of ‘bad bosses’.”

So they undertook there own research, published under the title “

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The sexual harassment you walk past is the sexual harassment you accept

Australian Human Rights Commissioner, Kate Jenkins, has released the findings of the Commission’s latest survey on sexual harassment in workplaces.  It is an important analysis of an improving dataset that should make actions to prevent sexual harassment more effective.

The statistical report is separate from the Commission’s National Inquiry into Sexual Harassment in Australian Workplaces and does not emphasise the role of harm prevention but it does contain references to prevention that are worth considering.

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