Workplace Bullying

Workplace Bullying Carla van IJzendoorn – Senior Inspector

Presentation outline Introduction Occupational Safety and Health legislation Workplace bullying in context Role WorkSafe Questions Presentation outline

OSH Act General Duties Resolution of issues Safety and Health Representatives Safety and Health Committees Enforcement of the Act and Regulations OSH legislation

OSH Regulations Set out minimum requirements for specific hazards and work practices Refers to National and Australian Standards Guidance material Codes of Practice Guidance Notes – e.g. Workplace bullying OSH legislation

What is workplace bullying The treatment of a person(s) that involves: repeated inappropriate or unreasonable behaviour direct or indirect, whether verbal, physical or otherwise conducted by one or more persons against another or others Workplace bullying in context

Overt behaviour Abusive, insulting or offensive language Behaviour or language that frightens, humiliates, belittles or degrades Yelling and screaming Inappropriate comments about the person Teasing, practical jokes Interfering with a person’s personal effects or work equipment Examples bullying

Covert behaviour Behaviour that undermines, treats less favourable or disempowers others: Sabotaging by withholding information Constantly changing targets or guidelines Overloading an employee with work Setting impossible timelines Isolating or ignoring a person Examples of bullying

What isn’t bullying? Employers have legal right to direct and control how work is done Manager have responsibility to monitor workflow and give feed back on performance Fine line between bullying and managing Workplace bullying

Health effects Ill health, stomach upset, nausea, fatigue Concentration problems, loss of self-confidence and self- esteem, reduced output and performance Sense of isolation Anxiety, panic attacks, stress, sleep disturbance Depression Post traumatic stress syndrome In extreme cases risk of suicide Effects of workplace bullying

Role WorkSafe Increased number of OSH enquiries in relation to workplace bullying in the last three years WorkSafe and bullying

OSH Enquiries Does workplace fall under WorkSafe jurisdiction? Details of allegation: specific incidents with dates, times, what was said, done, etc. Where did incident(s) take place? Repeated or single incident? Behaviour inappropriate or unreasonable? Does behaviour create a risk to health? Workplace bullying enquiries

OSH enquiries What has person done to deal with the situation? Has person, as far as practicable, followed internal procedures or discussed concerns and tried to resolve incident within the workplace? Workplace bullying enquiries

Other enquiries Physical assault or threat of physical assault Police – Criminal Act Discrimination on unlawful ground gender, race, age, religion, sexual harassment, political etc. EEO Commission – Equal Opportunity Act Unfair dismissal, industrial disputes Industrial Relation Commission Workplace bullying enquiries

Investigations Confidentiality issues Meet with and/or interview key persons: target, witnesses, perpetrator, employer Role of inspector is investigator, not mediator Workplace Bullying Investigations

Interview with target Specific details of incidents, including frequency and duration of alleged bullying Has person sought medical advice or counseling? Are there more employees involved? Has the target reported the complaint to management or another person? Is there an internal grievance or bullying procedure in place? Has employer taken action to resolve the issue? Investigation

Employer interview Is employer aware of any concerns? What steps have been taken to stop situation? Has workplace bullying been identified as hazard? Has employer investigated any raised concerns? What management systems does the employer has in place to prevent or stop bullying? Investigation

Management systems Developed an anti-bullying strategy and plan? Reviewed practices / Code of Conduct? Workplace anti-bullying policy and procedure? Appointed mediator or first contact person? Ensured that all complaints are dealt with? Information and training provided? Indicators of bullying monitored? Investigation

Results investigation No action Provision of information Enforcement: Improvement notices: inspector must have reasonable ground to form an opinion Prosecutions: prove beyond reasonable doubt in criminal court Results investigation

Section 19(1) Duties of employer So far as is practicable provide and maintain a safe work environment Section 20 Duties of Employees Avoid adversely affecting the safety or health of other person(s) through any act of omission Improvement notices

Regulation 3.1 Employer must identify hazards, assess risk and consider means by which risk may be reduced Regulation 3.5 Employer must investigate within reasonable time: reports of hazards and injuries, from an employee or safety and health representative Regulations 3.1 and 3.5

Prosecutions Inspector obtains sufficient evidence to establish a prima facie case There is a reasonable prospect of success It is judged to be in the public interest Prosecutions

Questions The End

Workplace Bullying