justice – Page 16 – SafetyAtWorkBlog

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?”

State Coroner speaks at Workers’ Memorial

Victoria, Australia, had a State Coroner who trailblazed on the issue of workplace safety for well over a decade. Graeme Johnstone saw the coroner’s role as improving the quality of life of the community by examining its failures. Victoria’s current coroner, Jennifer Coate, seems to be continuing Johnstone’s work and addressed the crowd at Melbourne’s workers memorial on 28 April 2011.

Coroner Coate’s speech is unlikely to be publicly released but SafetyAtWorkBlog has been informed that the speech contained the following points

it is important to remember and honour those workers who have died at work so that potential deaths can be prevented;
since 2000 the Coroners’ Court has made over 100 recommendations or comments on industrial deaths and recent laws require the state government to respond to these recommendations;
the crowd at the Trades Hall memorial cairn were asked to assist in the uptake of the prevention recommendations from the Coroners’ Court;
we should not forget the impact that workplace deaths can have on those who knew and loved the victims, and those who worked with them.

That a coroner was willing to attend and speak at such an event is a major compliment to the trade union organisers and a good insight in Judge Coate’s personality and philosophy.

Kevin Jones

Brodie Panlock – the catalyst for new bullying/stalking laws

“Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

Success from enlightenment not compliance

An article in the InDaily online newspaper for 4 April 2011 provides several safety management issues that are worth pondering. (Thanks to the readers who brought the article to my attention)

Keith Brown was the CEO of South Australia’s Workcover Corporation earlier this century. He has told InDaily that he lost his position due to a change in the politics of the state and has not been welcome since. (A more personal perspective on Brown was provided by Rosemary McKenzie-Ferguson in a January 2011 blog comment.)

Brown says that the most effective way of reducing the unfunded liabilities of workers compensation is to communicate with all stakeholders in the injury management process. He believes that

“WorkCover now operates more to service the needs of the bureaucracy compared to the operation he ran for six years in favour of the clients.” Continue reading “Success from enlightenment not compliance”

Daniel’s story

Below is an article submitted to SafetyAtWorkBlog as a comment several days ago. After much deliberation I have decided to publish this as an article for the consideration of readers and in the hope that someone may be willing to provide some practical assistance to Daniel.

Daniel has provided a phone number and email address to SafetyAtWorkBlog. Please contact the Editor if you are able to help.

“This is my story. I have tried different other government departments last year to get some help all I have got is the runaround so I thought I would try here. I really don’t know how to word this or where to begin so I’ll start from 2003. I was working for a company here in Adelaide for about a year when I had an accident at work, a week later I was put on work cover my boss decided to get rid of me because I was no used to him anymore. I spent the next three years on work cover, setting at home and slowly going crazy I spent most of that three years fighting work cover to get them to do something to get me back to work but nothing ever happened. after losing my family and everything I had while I was on work cover,

“Finally I was offered redemption prayer out. It wasn’t much for the price I had to pay to be left with a permanent disability and plus I was suffering from depression from the time I spent on work cover I lost my identity as a person and felt completely demoralized. And feeling Continue reading “Daniel’s story”

Important OHS and legal issues in findings of South Australian Coroner into young man’s death

The debate on OHS laws will be passionate in the pre-election frenzy of New South Wales but the OHS law reform is a national strategy and the safety debate is not asleep in the other States.

On 11 February 2011, AAP ran an article about the long-lasting familial and social effects a horrible workplace incident in South Australia in 2004. Diemould Tooling Services (fined in 2009) took its appeal against prosecution to the High Court of Australia in 2008 and on 10 February 2011, almost six years after the death of 18-year-old Daniel Madeley, South Australian Coroner Mark Johns has said, at Madeley’s inquest:

“A horizontal boring machine had been operated at Diemould for years in a condition which could only be described as deplorably unsafe. It could have been guarded, but was not. It could have had a braking system, but did not. It could have had an automated lubrication system, but did not.

“Many other things could have been done, but any one of these would have been sufficient to save Mr Madeley’s life….”

Coroner Johns was very critical of SafeWorkSA about its actions following the 2004 death. The coroner’s findings make for disturbing reading on several issues. Continue reading “Important OHS and legal issues in findings of South Australian Coroner into young man’s death”

The Social Media is the Message

Melody Kemp in Vientiane writes:

The apoplectic brouhaha that greeted Wikileaks in the past few months has shown us the power of the internet to upstage, discomfit and enrage. Governments like corporations operate under a variety of ‘commercial-in-confidence’ scores, the cadence of which changes with the degree of self interest at hand. That Wikileaks has been disclosing documents for years is of no consequence to our reactionary leaders. Just as labour groups and activists, long been warning industry about workplace hazards, have been greeted with similarly leaden ears.

Earlier this year, a delegation of international labour activists and trade union leaders visited Laos. While being taken around various work sites by Lao trade union and government officials, they were horrified to find bags of asbestos labeled Produced In China in one roofing tile fabrication shop. They should not have been surprised. The nominal communist bloc states of Asia have close trade, military and strategic ties. In that bloc the proletariat has little status and, like mushrooms, are generally kept in the dark.

One of Lao’s four Vice Presidents is known to foster and enjoy close and at times unseemly business relationships with Yunnan, Continue reading “The Social Media is the Message”

Category: justice

Will Brodie’s Law deter workplace bullying?

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State Coroner speaks at Workers’ Memorial

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Brodie Panlock – the catalyst for new bullying/stalking laws

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Success from enlightenment not compliance

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Daniel’s story

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Important OHS and legal issues in findings of South Australian Coroner into young man’s death

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The Social Media is the Message

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