Category: law

Australia’s workplace bullying report is a missed mental health opportunity

Cover of Workplace Bullying Final ReportThe report, issued last week, from Australia’s Parliamentary Inquiry into Workplace Bullying, is a terrific discussion on workplace bullying but is a major missed opportunity to achieve necessary change, and change in this area equates to the reduction of, principally, psychological harm to workers and their families.

The report starts off shakily by giving prominence to a statement that is clearly wrong. Page 1 of the report quotes Carlo Caponecchia and Anne Wyatt, saying:

“Bullying is the key workplace health and safety issue of our time.”

Caponecchia and Wyatt may believe that, but to open a Parliamentary report with this quote shows poor judgement from the Committee by giving workplace bullying prominence over other workplace health and safety (WHS) hazards and issues. Workplace bullying may indeed be the most difficult workplace health and safety challenge but that is very different from what the quote says. Continue reading “Australia’s workplace bullying report is a missed mental health opportunity”

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”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

PCBUs, farms, quad bikes and safety – a speculation

Soon another Australian State, South Australia, will be using the concept of the PCBU – the Person Conducting a Business or Undertaking in its occupational health and safety laws. This concept has the potential to expand OHS laws well beyond the traditional factory fence or office and the recent discussion on the safety of quad bikes may illustrate this.

Until there are Court cases to clarify the Work Health and Safety laws and concepts it is worth looking at the source of these concepts. Safe Work Australia explains the PCBU in an interpretative guideline.

Businesses may be “enterprises usually conducted with a view to making a profit and have a degree of organisation, system and continuity”. In terms of quad bike use, this could be a farm.

Undertakings “may have elements of organisation, systems, and possibly continuity, but are usually not profit-making or commercial in nature.” Probably not a farm. Continue reading “PCBUs, farms, quad bikes and safety – a speculation”

Chronic asbestos deaths, sudden mining disasters – both indicate deep corporate problems

It is less than a week until the premiere of Devil’s Dust, a movie about asbestos in Australia and the corporate maneuverings of James Hardie Industries to minimise its exposure to compensation claims but its lessons spread beyond asbestos to politics, corporate responsibility and individual morality.

In a recent article on the movie, the depiction of then New South Wales Premier, Bob Carr, was mentioned.  The politics of asbestos is well shown in the Carr depiction.  The asbestos issue seemed to have little importance until a political value was placed on the issue.  Carr, a Labour Party politician, then acted, met people affected by asbestos-related diseases and made clear statements of moral significance about asbestos and corporate responsibility.

Recently Crikey reminded its readers of some comments on asbestos compensation from 2007.  Apparently, the now-Deputy Leader of the Liberal Party, Julie Bishop stated

“I have enormous sympathy for those who suffered asbestos-related diseases,” she said in a statement to The Australian. “There were members of the CSR executive management team who also died of asbestos-related diseases who had worked at Wittenoom.

“As one of the lawyers in the case, I acted ethically and professionally at all times in accordance with client instructions.” [link added]

There is no doubt that Bishop acted ethically and professionally in her role as a lawyer but by 2007, the issue of asbestos exposure and compensation had moved to a moral basis.  Are companies who resist providing compensation for illnesses caused by their products being heartless or responsible corporate citizens? Continue reading “Chronic asbestos deaths, sudden mining disasters – both indicate deep corporate problems”

Increased productivity and dignity at work are achievable

David Yamada, in his blog Minding the Workplace, states that

“the more we can get the concept of human dignity into our everyday discussions of work, the better.”

SafetyAtWorkBlog is a supporter of dignity at work and it is heartening to see that the concept is being discussed globally.  Dignity, as an activator for change, seems to be a missing element in not only The Hedgehog Review but also very recently released reports, OHS guidances and Australia’s debate on productivity.

The Australian Human Rights Commission released a report last week about sexual discrimination called Working Without Fear.  A quick word search for “dignity” shows no results, nor do searches for “bully” or “bullying”.  This is disappointing but perhaps should not be a surprise as this report indicates again that the Australian Government considers sexual discrimination and workplace bullying to be separate issues although lawyers and the media often overlap the two.

The Working Without Fear report, based on a large telephone survey concludes that

“…. targets of sexual harassment are most likely to be women and less than 40 years of age. Consistent with previous surveys, the 2012 National Survey also shows that the harassers are most likely to be male co-workers, though women were at least five times more likely than men to have been harassed by a boss or employer. Men Continue reading “Increased productivity and dignity at work are achievable”

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