Family violence at work, looking at trees instead of forest

Victoria’s Minister for Workplace Safety, Jill Hennessy, has released a media statement about the occupational health and safety (OHS) context of family violence, referencing a WorkSafe Victoria guidance note from January 2018.

Hennessy is quoted saying:

“Employers have a legal obligation to provide a safe workplace for their employees – and that includes doing whatever they can to support workers experiencing family violence.”

But what level or type of support is expected from employers? Family violence is damaging and insidious but also a crime. It is also a subset, or maybe a special type, of workplace violence as is evident by WorkSafe’s reference to its broader violence publication at the end of the family violence guidance note. The publication, A guide for employers Preventing and responding to work-related violence, outlines the employers duty of care, which includes prevention.

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Business groups miss the target on sexual harassment

Two business associations have released the submissions they provided to Australia’s National Inquiry into Sexual Harassment in Australian Workplaces – the Australian Chamber of Commerce and Industry (ACCI) and the Australian Industry Group (AiG). These submissions have been eagerly anticipated as these two groups are politically influential.

ACCI has based its submission on 13 “principles”:

  • Employers oppose sexual harassment
  • Sexual harassment is not good business
  • More Australians need to be able to recognise sexual harassment
  • We need to improve the attitudes Australians bring to work
  • The law needs to support employers in turning values into action
  • We need to recognise/reward learning and change
  • Individuals must be made more accountable for their own behaviour
  • Greater effectiveness does not demand more law
  • Regulation needs to be smart, simple, clear and balanced to be effective
  • Jurisdictional overlap / repetition detracts from effectiveness
  • Businesses have differing capacities and cultures
  • Sexual harassment can be challenging to manage
  • This is a moving target; new sexual harassment risks are emerging

Each one of these sound positive but can be argued over. For instance “sexual harassment can be challenging to manage”. This is less of a principle than a reason, or even an excuse. Sexual harassment is complex to manage as it is not just about poor relationships, it involves a sexual element which involves power and disrespect; power that is sometimes misinterpreted as leadership or part of a manager’s entitlement.

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Workplace sexual harassment inquiry releases more submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has released another block of public submissions. many of them involve examples of horrible harassment and psychological harm, but several offer research, suggestions for improvement and, a little bit of, prevention.

Those making the recently released submissions seem to be realising that the inquiry’s terms of reference focuses on Australian workplaces.

Non-disclosure agreements and communication barriers

One submission is from Professor Judith Bessant, AM, of RMIT University (Submission 188) in which she addresses the application of Non-Disclosure Agreements (NDAs). NDAs have been in the press lately as some of those who experienced sexual harassment were unable to make submissions to this Inquiry without contravening the NDA they had with their employer. Professor Bessant asserts that

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Submission to the National Inquiry into Sexual Harassment in Australian Workplaces

Australian research into occupational health and safety (OHS) is a lot less than research into other areas of business and management, especially in relation to the psychological wellbeing of workers at all levels of the corporate structure.  As such, it has become common for experts, advocates and researchers from the social, non-work, public health areas to overlay general and broad research findings on to workplaces – they are, in effect, filling a vacuum.  But just because the OHS research into psychological harm is thin or immature does not mean that work does not have its own characteristics.

Over many years OHS has produced research and guidelines that include the psychological effect of sexual harassment, but it has been ineffectual or ignored for may reasons.  This submission is an attempt to illustrate the potential already in existence in Australia that could be used to prevent sexual harassment-related psychological harm.

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Annual Leave is an institutionalised mental health break

Occupational health and safety (OHS) and Human Resources (HR) disciplines continue to, mostly, operate in isolation and, sometimes, in conflict.  Part of the reason is that workplace matters are often seen as either OHS or HR, even though they are both.

SafetyAtWorkBlog looks for why Australian workers have four weeks of Annual Leave. Continue reading “Annual Leave is an institutionalised mental health break”

The mental health “one in five” statistic examined for validity

This blog has a policy of linking to source documents wherever possible. Recently I investigated the origin of the statement and its variations:

“In a 12 month period, 20 per cent of Australians will experience a mental health condition.”

Clarity on this is going to be important as Australia has several formal inquiries relating to mental health and this statement often crops up in strategy documents and policies related to occupational health and safety (OHS).

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HR and Legal have failed to address sexual harassment. Could OHS do better?

2019 is likely to be the year when the deficiencies and advantages of the occupational health and safety (OHS) approach to the prevention and management of the psychological harm produced by work-related sexual harassment will contrast (clash?) with the approach used by the Human Resources (HR) profession.  For many, many years OHS has failed to implement the control measures that the available research and guidance recommended.  For the same length of time, HR has largely focused on addressing the organisational consequences of accusations of sexual harassment displaying a preference for legal action or to move the accuser out of the organisation.

These approaches persist but there is some hope that recognition of each others’ role and purpose can bridge the ideological demarcations.  Australia’s inquiries into work- and non-work-related harassment have the potential to change the way psychological harm is seen, managed and, maybe, prevented.

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