Code of Practice – Preventing and Responding to Workplace Bullying
Safe Work Australia has released 12 codes of practice, including codes on hazardous manual tasks, confined spaces and how to manage and control asbestos in the workplace. There are also 15 additional draft codes of practice which includes codes on workplace bullying, fatigue and managing hazardous chemical risks.
Since “Brodies” case in 2010 there has been a lot of attention devoted to resources warning Employers about the risks of bullying in the workplace and it has become an area of concern for health and safety regulators, insurers and Employers. In light of such significant focus, this article will broadly outline the draft Code of Practice for Preventing and Responding to Workplace Bullying (the draft workplace bullying Code of Practice).
Essentially the draft workplace bullying Code of Practice is divided into three main parts:
(1) What is workplace bullying
The draft workplace bullying Code of Practice has replaced the term ‘workplace harassment’ (at least in Queensland’s Prevention of Workplace Harassment Code of Practice 2004) with the term ‘workplace bullying’.
In the draft workplace bullying Code of Practice ‘workplace bullying’ is defined as repeated, unreasonable behaviour directed towards a worker or a group of workers, that creates a risk to health and safety. ‘Repeated behaviour’ refers to the persistent nature of the behaviour and can refer to a range of behaviours over time. While ‘unreasonable behaviour’ means behaviour that a reasonable person, having regard for the circumstances would see as victimising, humiliating, undermining or threatening. The definition of bullying is also extended resulting in a more comprehensive definition that also refers to indirect, direct, intentional or unintentional bullying with many examples illustrating such conduct.
The draft workplace bullying Code of Practice qualifies that reasonable management action, carried out in a fair way, is not bullying, a familiar concept that has existed for quite some time now. The Code also qualifies that Managers have a right to direct the way work is carried out and to monitor and give feedback on performance, but the way that this is done is a risk factor in determining the likelihood of bullying occurring.
(2) Who has duties in relation to workplace bullying
The primary duty in relation to workplace bullying lies with the “person conducting a business or undertaking” to provide and maintain a work environment free from any risk to health and safety.
Officers (including company directors and secretaries) are required to exercise due diligence in ensuring that their business or undertaking is complying with its obligations at law to eliminate or reduce risks associated with bullying in the workplace, this includes taking reasonable steps to ensure that appropriate resources and processes are being used.
Workers also have their own duty to ensure that they are taking reasonable care regarding their own health and safety and the health and safety of other workers in the workplace.
(3) How to prevent workplace bullying
The workplace bullying Code of Practice identifies four main steps in a risk management process:-
· Identify bullying risk factors;
· Assess the likelihood of bullying occurring and its impact;
· Control the risks by eliminating them, or where that is not reasonably practicable, minimising the risk as far as reasonably practicable; and
· Review the effectiveness of the control measures.
All managers and supervisors, and where relevant other duty holders, must consult with workers and their health and safety representative at each step of the risk management process. The draft workplace bullying Code of Practice outlines that consultation must also be carried out in the development of any policies and procedures related to bullying, including complaints procedures. Such consultation obligations stem from the requirement under the Workplace Health and Safety Act 2012 to consult with workers and their health and safety representatives in the development of any policies and procedures related to bullying, including complaints procedures.
The draft workplace bullying Code of Practice also contains a practical risk assessment tool that may assist Employer’s in ensuring that they are developing and putting in place policies and procedures that adequately meet the risks within their workplace.
The workplace bullying Code of Practice is quite comprehensive and it is imperative that Employers review it and consider the current processes they have in place to ensure that they are appropriately managing their risks in the workplace in relation to workplace bullying.
If you require any assistance with reviewing your internal policies and procedures regarding workplace bullying contact Edwina Kaupa, Consultant.
