Bullying, duty of care and compensation

The growth of attention to psychosocial hazards in Australia received a considerable boost from a stress survey undertaken by the ACTU some years ago.  During the survey of union-members, it became clear that bullying was a major generator and perpetrator of workplace stress.  The unions went to town on this data and set the agenda for some time in OHS.  Their success was echoed and mirrored in the United Kingdom and Europe. (In fact, Europe seems to be the jurisdiction that has kept the momentum)

The survey and campaign got the attention of regulators and OHS professionals to the presence of, perhaps, the next generation of occupational health and safety activity.

Since that time psychosocial hazards have splintered into sub-groups of stress, occupational violence, workload, fatigue management, shift work, dignity at work and a range of other matters. However bullying persists as the front runner.

As with many elements of OHS, risk management and cultural studies the defence forces provide signposts to future civilian issues. Yesterday the Australian Defence Force agreed to pay ex-gratia payments to family members of defence personnel who had committed suicide as a result of bullying suffered at the hands of their colleagues.  There are many significant signposts from these incidents but one of particular note was that the payments were not made to dependents but to other family members.

According to the ABC radio report by Karen Barlow:

“The suicides date back up to 12 years, when Lance-Corporal Nicholas Shiels killed himself after accidentally shooting his best friend dead during Army training.

Private John Satatas hanged himself at Holsworthy Barracks, in western Sydney, five years ago after being bullied and racially taunted.

Private David Hayward committed suicide four years ago after he was injured and had gone AWOL.” 

The Defence Minister, Joel Fitzgibbon, was interviewed on this issue, and others, on Radio National on 23 October 2008 and  has referred the matter to a general review of the defence forces. Fitzgibbon acknowledged that “shortcomings in the defence force system” contributed to the situation and could have been better handled after the event.

The day before the media attention the Australian Defence Force released the findings of its annual attitudinal survey of personnel.  The 2007 survey found, according to a media statement:

“… a marked improvement in knowledge of mental health issues as well as members’ assessments of their own mental health. Since 1999, the data also shows an increasing proportion of personnel who believe that unacceptable behaviour is well managed.”

As Australia moves to a national OHS and workers compensation system, or at least a harmonised system, more attention should be given to some of the responses and OHS initiatives in Commonwealth departments as these will be just as influential on OHS law and management as any State initiative.

When managing stress, are safety managers looking at the wrong thing?

Today is World Mental Health Day and the media, at least in Australia, is inundated with comments and articles on mental health.  This morning, Jeff Kennett, a director of beyondblue, spoke on ABC Radio about the increasing levels of anxiety that people are feeling in these turbulent economic times.  Throughout the 5 minute interview, Kennett never once mentioned stress.  This omission seemed odd as, in the workplace safety field, stress is often seen as the biggest psychosocial hazard faced in the workplace.

SafetyAtWorkBlog spoke with Clare Shann, the senior project manager with beyondblue’s Workplace Program, about the role of stress in the workplace and its relation to mental health.  She clarified that stress is not a medical condition but a potential contributor to developing a mental illness, such as anxiety disorders or depression.

To put the situation into context, there is a fascinating interview with a Darren Dorey of Warrnambool in Victoria.  The 20 minute interview was conducted on  a regional ABC Radio station on 9 October, and describes the personal experience of depression and anxiety that stems, to some extent, from work.

It seems that in trying to manage stress, OHS professionals may be focusing on the wrong element in worker health.  Perhaps what are considered workers compensation claims for stress should be re–categorised as claims for mental illness.  This may result in a better acceptance of the existence of this workplace hazard.

An exclusive interview with Clare Shann can be heard clare_shann_mental_health

Inadequate resources generate workplace stress

Survey findings released on 9 October 2008 by recruitment company Talent2 indicate that Australian employees are feeling stressed at work as a result of the effects of redundancies.

John  Banks of Talent2 said 

“… 71.7% say they currently do the job of more than one person, and this makes for a very stressful and unproductive workplace.”

The press release for the study stated

“More than half of Australian employees believe they are operating under extremely low staffing levels and 82.1% say they are expected to do far more work today than they were 5 years ago, according to a survey of 2,703 people.”

Almost 60% of respondents in Western Australia said that their workplaces are understaffed.  Between 48% and 58% of respondents in other Australian States agreed.

Banks said that companies can create a “false bottom line” by minimising staff numbers.  He said 

“Across the board, the sales/marketing sector has been most affected with 74.7% of employees in that industry asked to do additional work. The manufacturing sector is also guilty of asking staff to cover the work of more than one person with 74.2% of those surveyed dobbing in their bosses, and the legal sector is not too far behind at 70.4%.” 

It is acknowledged that the volume of claims for compensation for workplace stress increases during periods of corporate economic hardship and redundancies.

A terrific short article on the costs and impacts of workplace stress in Australia can be found in a newsletter by the law firm, Landers & Rogers.

It is also useful to note that the Talent2 survey results were released in the same week that the ILO has been promoting decent work, Australia is running Mental Health Week and the United Nations has its World Mental Health Day.

When psychosocial hazards originate from poor management

There are still some OHS professionals who are uncomfortable with approaching workplace hazards that do not involve nip-points and energy-transfer.  In fact there are some who can’t cope with the industrial relations interplay with occupational health and safety. A major industrial relations problem ran for some time at Tristar Steering and Suspension.  The absurdity of this…

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Mandatory reporting of stress-related injuries

An OHS colleague of mine, Col Finnie, has posted a comment to a recent SafetyAtWorkBlog article on depression.  As I work out the technicalities of having Col as a regular contributor to this blog, I felt that his comment warranted a little more prominence.  The original comment can be viewed HERE)

I find the whole issue of what is being done about work stress intriguing. Last time I looked stress claims outstripped manual handling injuries in the UK (if I recall right, that was about a year ago). You’d imagine that trend will also happen here in time.

I wonder if it might be worth considering getting doctors to report to their local OH&S agency when they have evidence that a particular business appears to be the source of an unusual number of stress related patients?

If it’s legitimate for the police or emergency wards to be a source of reports of info on apparent work related physical injuries, why shouldn’t that be legitimate for other types of injuries?

There is no reason for this idea to be considered a “witch-hunt”. I’d consider it an opportunity for a regulator to pitch in on getting a business on-track with how it’s dealing (or not dealing) with managing stress stuff. Clearly, the reporting approach would have to be handled carefully. It’s quite likely it wouldn’t work as a mandatory requirement. But guidance and an info program could be worked up to make sure the complex issue of stress is dealt with sensibly.”

Workplace depression approaches are too narrow

Further to other SafetyAtWorkBlog posts concerning Ms Paula Wriedt’s sacking, Ms Wriedt has issued a statement expressing her disappointment at Premier David Bartlett’s decision.

One comment from a newspaper columnist struck me as odd but worthy of note.  The columnist said that Paula Wriedt’s public statements have followed the line pushed by beyondblue, a depression support and lobby group.  I have had no dealings with beyondblue but note that newspaper articles often end with “For further information on depression contact…..” similarly television news reports.

beyondblue has been a spectacular success in self-promotion and, hopefully, increasing awareness of depression.  In the context of the Premier’s decision on Paula Wriedt, David Bartlett contacted the chair of beyondblue (and former Victorian Premier) Jeff Kennett, prior to his decision.  The Weekend Australian newspaper reported

“I have not taken this decision lightly; in fact, decisions don’t come any tougher than this,” Mr Bartlett said. He received support from former Victorian Liberal premier Jeff Kennett, the chairman of depression support group Beyondblue.

After speaking to Mr Bartlett, Mr Kennett told The Weekend Australian he believed the decision was a very tough call for the Premier, but added: “When you balance up all his responsibilities, the correct one. It might just be what Paula needs to start rebuilding her health.  That is, she doesn’t have other ministerial responsibilities now and she can now focus more directly on her recovery.”

beyondblue does admirable work and has acheived much but it is dominating the discussions on psychosocial issues in the workplace.  It is difficult for other groups to raise matters that are just as relevant to the workplace, if not more so, such as occupational violence, stress, dignity at work, and so on.

We are not yet clear on all the circumstances of Paula Wriedt’s suicide attempt, and we may never know.  We do not know if work stresses or private stresses caused her self-harm but that is not necessarily the point.  Occupational health and safety long ago left the confines of the workplace and controlling workplace hazards, particularly psychosocial issues, needs a bigger canvas.  There must be an approach that assists the individual in work and non-work contexts. 

Some countries and States are trying this through work/life balance initiatives but the approaches are usually skewed to focus on interventions on the individual rather than looking at the social structures.  In OHS we look at the “system of work” to determine the most effective interventions.  To affect true and lasting change, we must apply the “system of living”.  We must be careful not to over-emphasise the individual and be distracted from the cultural initiatives.

Media reporting of workplace bullying

As a publisher my mailbox is constantly bombarded by media releases.  Some are irrelevant but most relate to safety in some way.

Over the years the amount of attention given to workplace bullying has grown phenomenally.  In my opinion the attention it garners is way beyond the level it deserves.

That is not to say that those subjected to workplace bullying are not seriously harmed, they are, but the big-picture issue is disproportionate.

This is partly because many people who talk about workplace bullying do not apply the definition of the hazard, and as a result other non-bullying matters get included.  A media release I received today, 14 August 2008, illustrates this point.

Workpro has undertaken a survey of

“2,146 employees applying for work through recruitment agencies across Australia, to gain an understanding of the experiences and beliefs about bullying and discrimination among Australian employees today”.

The survey found

“almost one in three (30%) employees claiming they have been bullied at work; one in four (24%) claiming they have been discriminated against, and 44 per cent stating they have witnessed their colleagues experience either of these”.

That data is pretty clear and you can expect the Australian media to run articles on the survey results tomorrow.  These surveys usually get a good hit rate.

The media release provides the impression that 30% of employees have been bullied at work.  This is not the case.  Thirty per cent of employees who are looking to change jobs say they have been bullied at work.  This does not represent 30% of the workforce but that is the impression we are given.

Another part of the release is annoying.

“27 per cent of respondents say they feel bullying or discrimination has happened to them within the past two years.”

Bullying and discrimination are very different interactions.  Discrimination can be a one-off event, bullying must be a repeated action.  To ask about these two disparate items within the one question is inappropriate or, if the results of two questions are combined, it provides a false impression.  Did 10% nominate bullying and 17% say discrimination or was it vice versa?

The media release says

“When asked about their peers, almost half (46%) of respondents say they have seen their colleagues bullied or discriminated against within the past two years; 31 per cent of this group say multiple times.”

The point about definition made above applies here but why ask about other people anyway?  The multiple times quote muddies the water because it is impossible to be bullied once, a single attack is just that an attack or in OHS parlance, “occupational violence”.

A spokesperson for WorkPro, Tania Evans, says

“It’s quite shocking to hear from employees that this sort of behaviour continues to happen in modern times, but organisations need to realise that bullying and unfair treatment of staff is occurring and could be impacting their own workplace culture or worse still, exposing them to the risk of liability, possible fines and even brand damage.”

Now we have something called “unfair treatment” in the mix.  (And I hate “impact” as a verb) The penalties could be liability, fines or brand damage, what about workers compensation claims for stress and bullying?  Not only is this a substantial business cost, the cause of the claim may result in the employee never being able to work again or lead a functional life?  I place these risks higher than brand damage.

Media releases are not the be-all and end-all of a survey.  Press statements are intended to generate contact in order to provide further information and hopefully generate business opportunities.  Alarmism is an effective tool and this media release is unhelpful.

You can imagine the articles in tomorrow’s papers where the journalists, if they can be bothered, will have asked the OHS regulators or unions for their response to the statistics, even though it may only be those statistics in the media release that they have seen.

I would have liked this survey to be reported in two parts, bullying and discrimination, to reflect their difference but also to report on the different control mechanisms for the harm that each of these hazards can generate.

But, I forgot, that’s my job.

Kevin Jones

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