Political ideologies on show over workplace bullying

In Australia, Parliamentary inquiries are usually required to provide the Parliament with a copy of their findings. In the last week of November 2012, the Chair of the Australia’s Parliamentary Inquiry into Workplace Bullying, Amanda Rishworth, presented its report which included a dissenting report from the Conservative (Liberal Party) committee members. On 28 November both Alan Tudge MP, one of the dissenting committee members, and Deborah O’Neill (Labor Party), spoke to the House of Representatives about the report. Their speeches say much on the issue of workplace bullying and the politics of workplace health and safety (WHS) in Australia.

Statistics and Costs

Tudge acknowledges the importance of preventing workplace bullying but provides an important fact to remember when reading the full report. According to Hansard, Tudge says

“The prevalence of workplace bullying is not known – there is no statistical data to assess exactly how prevalent it is. Regardless of the precise number, we know that it is too prevalent.” (emphasis added)

This may sound a little contradictory but it summarises a problem when investigating workplace bullying, there are no useful statistics on it. Continue reading “Political ideologies on show over workplace bullying”

Australia’s workplace bullying report is a missed mental health opportunity

Cover of Workplace Bullying Final ReportThe report, issued last week, from Australia’s Parliamentary Inquiry into Workplace Bullying, is a terrific discussion on workplace bullying but is a major missed opportunity to achieve necessary change, and change in this area equates to the reduction of, principally, psychological harm to workers and their families.

The report starts off shakily by giving prominence to a statement that is clearly wrong. Page 1 of the report quotes Carlo Caponecchia and Anne Wyatt, saying:

“Bullying is the key workplace health and safety issue of our time.”

Caponecchia and Wyatt may believe that, but to open a Parliamentary report with this quote shows poor judgement from the Committee by giving workplace bullying prominence over other workplace health and safety (WHS) hazards and issues. Workplace bullying may indeed be the most difficult workplace health and safety challenge but that is very different from what the quote says. Continue reading “Australia’s workplace bullying report is a missed mental health opportunity”

First look at Australia’s workplace bullying report

Australia’s Parliamentary Inquiry into Workplace Bullying has released its report that includes 23 recommendations and a dissenting report from the Coalition (conservative) committee members.

The first recommendation that most will look forward is the latest workplace bullying definition. The committee suggests:

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

This is no great shake from most of the previous definitions but illustrates further the isolation of Victoria from nationally harmonised work health and safety laws as WorkSafe Victoria’s preferred definition is

“… persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety.”

Regardless of which definition is “better”, Victoria will be further out-of-sync.

The Committee also recommends the Government

“develop a national advisory service that provides practical and operational advice on what does and does not constitute workplace bullying..”

This is sorely needed and will relieve State OHS regulators of the pressure and the resources. No timeline is mentioned but it is likely that the Federal Government will move to establish such a service quickly, as the recommendation is not surprising.

However, the opposition political mantra for any government initiative is how it will be funded. Continue reading “First look at Australia’s workplace bullying report”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home.  The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying.  Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

CCH and Freehills produce a curate’s egg of an OHS book

CCH Australia has a long history as a prominent publisher on occupational health and safety issues but its latest book is a “curate’s egg”.

Australian law firm, Freehills, has always been very involved with CCH’s “Master occupational, or work, health and safety  guides but the 2012 edition of the Australian Master Work Health and Safety Guide is a more obvious marketing tool for Freehills than previous editions.  The books have long had a back page advertisement.  This year’s back page is devoted entirely to Freehills. The early pages of this edition include ten of photos of Freehills authors contributors with another eight of other non-Freehills authors before any useful text appears.  It is difficult to see the need for such prominence when names alone have been sufficient in books for decades.

The book is also much more graphical and pictorial than previous editions but CCH’s decision to keep the book’s contents in black and white is less than impressive.  Some of the monochrome photos in the Manual Tasks chapter are indistinct. Previous OHS books like CCH’s 2003 Australian Master OHS and Environment Guide had no graphics so colour was not missed.  The lack of colour was a poor decision for this book.

The chapters on the model Work Health and Safety laws are less interesting than those sections dealing specifically with hazards.  This book is a good introduction to many of the OHS issues that safety professionals will deal with or need to be aware.  One recently graduated work colleague found the chapter on Plant Safety particularly good but basic.  The information on the WHS laws seems familiar, and similar information is likely to be available from a much cheaper source or from reputable online sources.

Continue reading “CCH and Freehills produce a curate’s egg of an OHS book”

Bullying Hansard provides hope, despair and extraordinary claims

On 12 July 2012, SafetyAtWorkBlog described Moira Rayner as the “stand out speaker at the public hearing into workplace bullying conducted in Melbourne Australia.  She was always on topic and spoke of her own experience of being accused of bullying.  The Hansard record of that hearing is now available online and deserves some analysis to illustrate Rayner’s points but to also to expand our understanding of workplace bullying and the Committee’s operation.

Moira Rayner

As a representative of the Law Institute of Victoria, Moira Rayner, questioned the existing definition of workplace bullying favoured by Australian OHS regulators and said that the definition requires case studies and examples of workplace bullying so that people understand the application of the definition in reality.  Many case studies are available in the bullying/OHS/HR literature but these are rarely communicated to community except by labour lawyers through bulletins or by media releases from OHS regulators that rarely gain attention beyond the media editors.

Rayner addressed the confusion in the workplace bullying definition from its reliance on “unreasonableness”:

“It seems to me that unreasonableness or the claimed reasonable purpose of the behaviour needs to be, again, spelled out. You hit on the crux of the matter, Madam Chair, when you say that it is Continue reading “Bullying Hansard provides hope, despair and extraordinary claims”

Workplace bullying in the police force illustrates the challenges of change management

There are two newspaper reports in Australia on 21 June 2012 about the Victorian Police Force that illustrate a fractious safety culture and a major organisational and ideological impediment to reducing workplace bullying.

The Australian article ” OPI concedes failure against force’s culture” (only available to subscribers) states that:

‘The Office of Police Integrity has conceded it and other corruption fighting measures have failed to root out the entrenched culture of reprisals and mateship in pockets of the Victoria Police that seriously harms the force….”

“The OPI says current law fails to deal with why whistleblowers are targeted. ‘‘The legislated protections against retaliation do not address the root cause of reprisal — a workplace culture of misguided loyalty,’’ it argues.  “The protections are individualistic and short-term, tending to ‘look after’ victims and potential victims of reprisal rather than address why reprisal occurs.’’

“Despite the subsequent formation of the OPI and the beefing up of the Ombudsman’s powers, police still struggled to break free of the shackles of loyalty and the so-called brotherhood.’

The Age article, “A fifth of police bullied at work“, reports on a government survey circulated to 14,000 people.

‘The figures, provided to The Age, mean about 1250 of the 4200 police staff who completed the survey have seen bullying behaviour, while nearly 900 say they have been bullied.’ Continue reading “Workplace bullying in the police force illustrates the challenges of change management”

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