Poor editing could increase confusion on workplace bullying

One of the occupational health and safety (OHS) issues that does not “travel” well across international borders is workplace bullying.  Each country usually has its own laws (if at all).  Each operates in a different culture and each has a different definition of what constitutes workplace bullying.  Those who communicate and publish information on this hazard need to be sure that an article is relevant to its readership or at least clearly indicate the article’s overseas origin.

On 28 May 2014 the Australian Financial Review (AFR) published a

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Media coverage on workplace bullying needs more depth and analysis

The Australian media has given workplace bullying the front page, probably because it is a slow news period and there have been no major disasters this Christmas period. However the coverage is of the new rules and opportunities for assistance offered by changes to the Fair Work Act that commence on 1 January 2014, rather than about prevention.

Most of the comments from the business groups in the article by The Age newspaper will be familiar from the last few months. Generally they object to what they see as red tape and increased regulation. Some also believe that workplace bullying should be handled through human resources rather than as an occupational health and safety (OHS) matter.

Red tape and unnecessary bureaucracy is a legitimate concern but one that, in large part, the business sector has allowed to happen. As discussed previously, much of the red tape originates from the risk management strategy of business where, when an issue or hazard cannot be eliminated or it is too difficult to try, insurance or liability protection is obtained. As others have said, too often the risk management of safety is corrupted to become risk management of legal issues. Continue reading “Media coverage on workplace bullying needs more depth and analysis”

Moral conflicts in store for Australian politicians and bureaucrats

iStock_000016528694XSmall2014 is going to present tough challenges to Australia’s politicians and corporate leaders.  The Royal Commission into the Home Insulation Program, in particular, is going to illustrate and perhaps generate ideological conflict.

The Home Insulation Program (HIP) was established quickly to address a looming economic crisis.  Politicians and business leaders wanted Australia to avoid the global recession and they needed creative solutions.  Various importance governance and safety elements appear to have been sacrificed to achieve the economic ends.  In 2014, the politicians of the time and bureaucrats will be grilled over why they made these decisions.  Various inquiries have already identified that these decisions contributed to the deaths of four young workers.  In 2014, these decision- and policy-makers will be held to account for the fatal consequences of their economic decisions.

There has long been a conflict between the pursuit of profit and the pursuit of safe working conditions.  The Royal Commission, and the surrounding debate, is likely to place this conflict squarely in the highest levels of Australia’s government and public service.  Below are some of the issues that the Australian government and business sector are likely to face in 2014. Continue reading “Moral conflicts in store for Australian politicians and bureaucrats”

Truth, justice and the safe way

Many years ago the Construction Forestry Mining and Energy Union (CFMEU) won a WorkSafe Victoria award for a colouring in book.  From memory the book depicted construction work so that children could understand what their parents do while the kids are at school.  Since that time many companies have produced safety calendars from children’s drawings and train companies have created safety jingles and animated videos about decapitation.  On 28 October WorkSafeACT launched a comic book about Hazardman.

Dr Rob Long rips the campaign to shreds in a blog article,concluding with

“It is amazing that the Regulator can impose this indoctrination campaign on the school system and now we learn that Safe Work Australia is going to roll it out throughout Australia. Fantastic, what a wonderful way to prepare our children and inoculate them against the realities of risk.” Continue reading “Truth, justice and the safe way”

First aid marketing exercise requires analysis

It is common to use a self-commissioned survey to market one’s services but sometimes the evidence does not support some of the marketing statements. The latest survey by St John Ambulance is a good example of this.

According to St John Ambulance’s media release on 13 March 2013:

“Only 13 per cent of Australian workplaces know how to keep their employees safe according to new research released … by … St John Ambulance Australia.”

Cover of First aid in the workplace - code 2012This is reworded in the report (page 2) as

“…only 13% of Australian businesses are compliant with the new [First Aid in the Workplace Code of Practice]’s requirements…”

The survey sample does not support the generalisations above. Continue reading “First aid marketing exercise requires analysis”

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”

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