Category: health

Risks of taking bullying or harassment directly to the Courts

Seeking justice through the court system is everyone’s right but sometimes court action is more newsworthy than normal and sometimes the media is used in conjunction with legal actions.  Either way, any court action, particularly on personal matters such as sexual harassment or workplace bullying will be a stressful activity. The workplace safety context of a recent political scandal in Australia involving the Speaker of the House of Representatives  Peter Slipper, and an employee, James Ashby, have not been discussed.  A summary of, or commentary on, the Ashby/Slipper scandal can be found HERE.

The judgement by Justice Steven Rares in the December 2012 legal proceedings of Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411, provides a salient lesson for those considering taking legal action over a work-related issue, such as sexual harassment, workplace bullying or other psychosocial matter.

Ashby-Slipper and OHS

The Ashby-Slipper sexual harassment proceedings have a legitimate OHS context, reminiscent of the 2009 political scandal involving Godwin Grech. Although occupational health and safety was not overtly stated by Justice Rares it is briefly discussed in the judgement. It is useful to consider these matters in a similar context to recent issues on workplace bullying. Continue reading “Risks of taking bullying or harassment directly to the Courts”

Safety and productivity links at risk from ill-informed ridicule and media beat-up

Yesterday Australia’s Fairfax Media reported on a “policy” supposedly being applied in the Western Australia resources sector by Chevron Australia that requires workers to stand, rather than sit, for the purposes of increasing productivity.  The initiative has been roundly ridiculed by various political and social commentators, including the Minister for Workplace Relations, Bill Shorten. However few have mentioned that the actions by the “policy” may be in line with recent OHS guidance issued by an Australian government safety authority, Comcare, or that the Victorian Government has granted $A600,000 for research into the use of standing workstations.

SafetyAtWorkBlog has been informed that Chevron has had no role in the production of the “leaked memo” and that this memo is likely to be notes and verbal advice provided at a low-level on a worksite and even simply as part of a regular toolbox meeting.  Fairfax Media is unfairly linking two disparate issues, dragging in Chevron who is not involved with the information and potential damaging valid safety information through unjustified ridicule. Continue reading “Safety and productivity links at risk from ill-informed ridicule and media beat-up”

Considering organisational violence may provide a more effective path to controlling psychosocial issues at work

Vaughan Bowie is an Australian academic who has chosen workplace violence as his major area of interest. Bowie came to general prominence earlier this century with several books and his contribution to the WorkcoverNSW guidance on workplace violence.

Cover from Proceedings_3rd_Workplace_Violence_2012His research has taken him to look at “organisational violence” and in October 2012, he addressed the 3rd International Conference on Violence in Healthcare (the proceedings are available HERE) on the topic in a presentation called “Understanding organizational violence: The missing link in resolving workplace violence?”

Bowie writes, in the conference proceedings (Page 155), that

“Initially much of the workplace violence (WPV) prevention and management responses focused on criminal violence from outside organizations. At the same time there was also a growing concern about service user violence on staff especially in the human services area. A later stage of this development was a growing recognition of relational violence at work.  This includes staff-on-staff violence and aggression, bullying, horizontal violence, sexual harassment and domestic violence.

Models based on these areas of WPV have been developed by the International Labor Organisation (ILO), the World Health Organisation (WHO), the Injury Prevention Research Center (IPRC) and the California Occupational Safety and Health Administration (Cal/OSHA) and other regulatory bodies. This presentation will show that the current models and responses based on these types of WPV are inadequate and ineffective because they largely ignore the fact that organizational culture and management style have a direct contributory effect on the types of violence experienced by employees, third parties, and service users.  The findings demonstrate that what at first appears to be criminal, service user or relational violence at work may in fact be the outcome of a type of ‘upstream’ organizational violence trickling down in a toxic way triggering further violence.” (emphasis and links added) Continue reading “Considering organisational violence may provide a more effective path to controlling psychosocial issues at work”

Political ideologies on show over workplace bullying

In Australia, Parliamentary inquiries are usually required to provide the Parliament with a copy of their findings. In the last week of November 2012, the Chair of the Australia’s Parliamentary Inquiry into Workplace Bullying, Amanda Rishworth, presented its report which included a dissenting report from the Conservative (Liberal Party) committee members. On 28 November both Alan Tudge MP, one of the dissenting committee members, and Deborah O’Neill (Labor Party), spoke to the House of Representatives about the report. Their speeches say much on the issue of workplace bullying and the politics of workplace health and safety (WHS) in Australia.

Statistics and Costs

Tudge acknowledges the importance of preventing workplace bullying but provides an important fact to remember when reading the full report. According to Hansard, Tudge says

“The prevalence of workplace bullying is not known – there is no statistical data to assess exactly how prevalent it is. Regardless of the precise number, we know that it is too prevalent.” (emphasis added)

This may sound a little contradictory but it summarises a problem when investigating workplace bullying, there are no useful statistics on it. Continue reading “Political ideologies on show over workplace bullying”

Devil’s Dust – Australian movie on asbestos and corporate morality

On November 11 and 12 2012, the Australian Broadcasting Corporation will broadcast “Devil’s Dust”, a two-part movie about asbestos in Australia.  This is not a documentary on asbestos-related diseases.  It follows the story of investigative journalist Matt Peacock from the 1970s to the present day in parallel with the corporate machinations of James Hardie Industries and its former CEO, John Reid and the life, times and death of Bernie Banton.

To many Australians, bits and pieces of each of these narrative streams will be familiar but Devil’s Dust illustrates the moral linkages between these streams leading to a powerful story of corporate greed, strength of character and man’s inhumanity to man.  The workplace safety context of Devil’s Dust is obvious – ignoring or hiding information about harm to workers, the management of many workplace risks through allowances and “danger money”.

The television production values depict the times perfectly and for those who know of the asbestos risks, particularly readers of Matt Peacock’s book “Killer Company” which inspired the movie, the opening few seconds summarise major issues in the asbestos story – sacks of asbestos on a truck, cigarette smoking and dust being bashed from work clothes.  Later in the first part, other issues are touched on – the washing of asbestos-contaminated work clothes by wives, asbestos in trains, asbestos in carpet underlay and asbestos used as road toppings. Continue reading “Devil’s Dust – Australian movie on asbestos and corporate morality”

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”

Law reform does not prevent harm, only compensates for it

Josh Bornstein is a media-savvy lawyer with Maurice Blackburn who has gained some prominence on the matter of workplace bullying.  A week ago Bornstein spoke at a Legalwise seminar in Melbourne Australia and he has yet to stop running on his topic of discussion – “Disproving the seven myths about workplace bullying”.  Today he released a video of his presentation on the Maurice Blackburn YouTube channel.  The speech from the seminar is HERE.

Lawyers advise that words and statements are very important.  Documents and presentations are deconstructed for nuance and alternate interpretations.  Context is also vitally important to determine why something was said when it was said and why it was said.  These tools are equally useful for Bornstein’s presentation.

Continue reading “Law reform does not prevent harm, only compensates for it”

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