Category: occupational

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

  • Intentionally or Recklessly Causing Serious Injury
  • Intentionally or Recklessly Causing Injury
  • Threats to Kill
  • Threats to Inflict Serious Injury
  • Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Australian lawyers comment on Brodie’s Law

Clayton Utz lawyers have looked at Victoria’s new bullying-related law changes for their relevance to workplace safety management and have found the following.

“Is this an issue for employers?

Yes and no.

Theoretically, even before these proposed amendments, certain types of workplace bullying already fell within the definition of stalking.  In one sense, therefore, this doesn’t change the situation much – employers already had the potential problem of, for example, dealing with keeping apart at work a victim and stalker subject to an intervention order.

In another sense, this is clearly an important change.  More types of workplace bullying are now criminalised, and public awareness of bullying issues will certainly have been increased by the publicity surrounding this Bill.  We can therefore expect a rise in complaints and the number of victims coming forward, and not just in Victoria, as other States and Territories have stalking laws that could cover at least some types of workplace bullying.”

Clearly the awareness of bullying in the workplace is already high but these laws are likely to make the management of this issue more complex and and challenging. Continue reading “Australian lawyers comment on Brodie’s Law”

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”

You can lead a stressed horse to water……

England’s Trades Union Congress (TUC) released results of a survey of union representatives on 24 February 2011 that shows that workplace stress is

“now by far the most common health and safety problem at work.”

Even taking into consideration the inherent bias of such union surveys of reps, the figures are significant.  The 24 February 2011 media release states:

“Nearly two thirds (62%) of reps say that stress is in the top five problems faced by the workers they represent and more than a quarter of reps (27%) pick out stress as the hazard at work that most concerns them.  Another recent report from the British Academy states that the global economic downturn is to blame for the soaring stress levels due to the sharp rise in job strain and job-insecurity; both determinants of work-related stress. In the last 2 years, work stress levels rose by more than 4%, compared to the previous rises of 0.1% from 1992 to 2009.” [link added]

So what can be done to reverse this trend?

If the global economic downturn has generated increased stress levels, OHS practitioners and activists need to look at the big picture and begin pushing for better economic health – an action that, outside of the union movement, hardly ever gets a mention.

If OHS principles are based around the need to eliminate hazards then OHS professionals should be strong advocates of sustainable development where the mental health of workers needs as much support for sustainability as the environment receives, if not more. Continue reading “You can lead a stressed horse to water……”

Insurance company “fire-bomber” dies in custody

Almost 12 months ago, Paul Wayne Clarke “loaded a shopping trolley with jerry cans of fuel and set it alight inside a Darwin insurance office, injuring 15 people”.  Clarke died on 21 January 2011 after a failed suicide attempt whilst in custody.

On February 2010 media report provided a few details of Clarke’s circumstances:

“The bomber reportedly goes by the name “Bird” and is a former security guard who worked at a Darwin pub until being injured on the job in October 2007.

He allegedly blamed the insurer for loss of earnings that forced him to leave his three-bedroom home in Humpty Doo and move into a shipping container.”

The incident was enormously traumatic for the 15 staff and customers of the Territory Insurance Office (TIO) who were injured by the incident.

The Coroner will be investigating Clarke’s death but the motivation for Clarke’s initial actions against TIO will remain a mystery.  Continue reading “Insurance company “fire-bomber” dies in custody”

Another public service bullying guide

December must be the month for bullying guidances as another workplace bullying guide for employers has been released in Australia, this time by Comcare.

Comcare has changed considerably over the years, particularly with the influx of private companies and organisations under its jurisdiction.  Where previously it’s guidances covered public servants, postal services and the defence forces, it now has member organisations in construction, banking, and transport.  It is this broad membership that creates challenges for Comcare. Continue reading “Another public service bullying guide”

Preparing for occupational violence in fast food outlets

On 17 December 2010, the parents of Luke Adams were abused outside a court in Melbourne, Australia.  The mother of the killer of Luke Adams berated the parents after her son received further time in jail.

SafetyAtWorkBlog touched on Luke Adams’ death in an article in 2009 in which we pointed out that several violent deaths had occurred in, and around, fast-food restaurants and yet there is little focus on the role of the restaurants in these incidents.

On 4 January 2011, the media is reporting that McDonalds has issued a security warning to its restaurants after a couple of violent robberies on its Victorian stores in the last few days.

Such acts in fast-food establishments are particularly worrying because of the young age of many workers in the sector.  Over this holiday period in Australia, many teenagers experience their first “real” work in fast-food outlets and other than working very long shifts (that’s a different story) the experience should present them with a positive approach to work. Continue reading “Preparing for occupational violence in fast food outlets”

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