Bullying Code of Practice illustrates the huge challenges of OHS in Australia

Australia has released a draft Code of Practice on “preventing and responding to workplace bullying“.  As it is the latest publication on this issue by an OHS authority, it deserves some analysis.

The draft code has applied the established definition of workplace bullying as:

“repeated, unreasonable behaviour directed towards a worker or a group of workers, that creates a risk to health and safety.”

It covers direct and indirect bullying and includes the new communications technologies through which stalking and cyberbullying can occur.

Unintentional bullying

Curiously the draft Code also includes “unintentional bullying”:

“Bullying can also be unintentional, where actions which, although not intended to humiliate, offend, intimidate or distress, cause and should reasonably have been expected to cause that effect.  Sometimes people do not realise that their behaviour can be harmful to others.  In some situations, behaviours may unintentionally cause distress and be perceived as bullying.”

This section has generated some discussion already.  Professional colleagues today explained to me how inappropriate acts may be construed by the recipient as bullying even through the proponent does not see the actions as such.  The quote above importantly emphasises the role of perception, a concept that is not traditionally associated with OHS, where facts, figures and engineering solutions are more comfortable.  Perceived bullying, injustices and abuse have been more often dealt with through human resources networks.  It is difficult to see any way of investigating workplace bullying without substantial support from an HR professional.  It is similarly difficult to see any way of preventing bullying without access to this resource. Continue reading “Bullying Code of Practice illustrates the huge challenges of OHS in Australia”

Free October 2001 safetyATWORK magazine

SafetyAtWorkBlog evolved out of an online publication, safetyATWORK.  In 2001, safetyATWORK published a special edition of the magazine focussing on the OHS issues related to the collapse of the World Trade Centre (WTC) in September 2011.  That special edition is now available as a free download through the cover image on the right.

The magazine contains:

  • an article by Lee Clarke on planning for the worst-case scenarios;
  • an interview with Peter Sandman,
  • an article by me, Kevin Jones,

and other articles concerning

Suicide challenges the OHS profession

Safety and risk professionals often need to consider the “worst case scenario”.  But we hesitate to look at the worst case scenario of workplace mental health – suicide.  On 26 August 2011, Lifeline presented a seminar to Victorian public servants that was brilliant, confronting and worrying.

Lifeline campaigns on suicide prevention and it seems to do this through discussion and counselling.  It outlines not the “warning signs” but the “help signs” that one needs to look for in our work colleagues.  According to Lifeline, possible life changes can include:

  • “Recent loss (a loved one, a job, an income/livelihood, a relationship, a pet)
  • Major disappointment (failed exams, missed job promotions)
  • Change in circumstances (separation/divorce, retirement, redundancy, children leaving home)
  • Mental disorder or physical illness/injury
  • Suicide of a family member, friend or a public figure
  • Financial and/or legal problems.”

Many of these issues can be helped by talking about them but, in OHS-speak, that is an administrative control in the hierarchy of controls.  The OHS professionals’ job is to determine if the risks can be mitigated or eliminated and this is where many OHS professionals fail.

It may be unfair to call it a failure, as the professional may simply not have the skills necessary to look beyond the hazard and determine a control measure.  In this context, the OHS profession and its members must be engaged in social reform.  If any of the workplace hazards are generated by, or exacerbated by, n0n-work related factors, the OHS professional must consider methods to reduce those non-work hazards. Continue reading “Suicide challenges the OHS profession”

WorkSafe Victoria provides insight into bullying investigations

It has been known for some time that OHS regulators struggle with handling reports of workplace bullying.  Investigation of these hazards requires new inspectorate skills and take considerable time.  Investigations of bullying involve people and this is always more involved than inspecting a missing machine guard or assessing the operation of a forklift.  However, in an article in the Fairfax media on 24 July 2011 WorkSafe Victoria provides some surprising statistics that show a new perspective on workplace bullying and a contrast to recent statistics from Comcare.

The most significant statistic is that, of the 6000 reports of workplace bullying within the last 12 months, only 600 warrant further investigation and, of those, around 60 generate a physical inspection of the workplace.  These statistics may indicate a range of issues:

  • OHS regulators require greater number of inspectors.
  • Workplace bullying is being critically misunderstood by the community.
  • Workers are confused about where to report their treatment and choose WorkSafe as the agency with the highest profile for workplace issues.
  • Other workplace-related agencies and authorities, such as Fair Work Australia and the Australian Human Rights Commission, need to raise their profiles on this issue.
What is missing from the WorkSafe statistics above is the next level of intervention.  What action is being taken by the inspector?  Will prosecutions occur?  Are improvement notices applied?  There may be just as wide a gap between the 60 inspections and an appearance in court.

For readers’ interest searching for “bullying” on the Fair Work Australia site reveals no results however the Australian Human Rights Commission site results in several references – a clarification of violence, harassment and bullying (with links for further information) and a workplace bullying factsheet. Continue reading “WorkSafe Victoria provides insight into bullying investigations”

Noticeable increase in workplace mental stress claims

Australia’s Comcare agency has identified a “54% increase in mental stress claims” since 2006-2007.  This is of great concern to the agency, which covers the OHS and compensation needs of Australian government agencies and others, as Work Health and Safety General Manager, Neil Quarmby, outlines in a media release on 21 July 2011.

Quarmby states

“Clearly this trend could have serious consequences for employees and employers through serious health issues and a significant loss in productivity. I am keen that employers get the message that health and safety at work is not only a physical issue but also increasingly involves mental health as well…”

The media release has generated some media attention (audio article available HERE) but often this has not focussed on the trend mentioned and instead on an element in the media release that involves the OHS issue-du-jour, workplace bullying. Continue reading “Noticeable increase in workplace mental stress claims”

New workplace bullying reference group established

Queensland’s Education and Industrial Relations Minister, Cameron Dick, has always been a strong critic of school bullying but now he has focussed on workplace bullying.

According to Minister Dick’s media release on 10 July 2011 the government is setting up a special reference group to examine workplace bullying.  A spokesperson for the minister told SafetyAtWorkBlog that the membership of the reference group is unlikely to be finalised.

The Minister is quoted as saying.

“Queensland currently has existing laws to address workplace bullying and protect workers from harassment and the time is right to review these laws….I am establishing a workplace bullying reference group to look into the incidence of bullying and strategies to prevent bullying in Queensland workplaces.

The reference group will consist of senior worker and employer representatives, as well as legal and academic experts.  Continue reading “New workplace bullying reference group established”

France Telecome’s CSR report is telling but sets high expectations

In 2009, France Telecom’s management practices came to global attention as a result of a spate of over 20 suicides that were identified as work-related.  On 6 June 2011, France Telecom released its Corporate Responsibility Report that covers the period of the management turmoil touched upon in earlier SafetyAtWorkBlog articles.

The document is an impressive document that sets an enormously high benchmark on a range of corporate and personnel issues but one will find no mention of suicides.  The best indication that this was a company in crisis is the level of inquiries, reviews, audits and workplace safety control measures that have been implemented over the last two years.  It is also important to remember that the control measures are designed to bring about a cultural and organisational change to this corporation and that this will take a considerable time.  The struggle can be best, and most tragically, illustrated by the April 2011 self-immolation of a France Telecom employee in the company carpark in Merignac.

By acknowledging that this report has come from a company in crisis it is possible to identify some useful OHS, human resource and organisational cultural initiatives that may be applied in other large corporations around the world. Continue reading “France Telecome’s CSR report is telling but sets high expectations”

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