Using the Safe Work Psychosocial Hazard Code of Practice to Stop Workplace Bullying
In recent years, there has been a concerning increase in workers' compensation claims related to workplace bullying. This trend persists despite the introduction of anti-bullying orders back in 2013. Legislation, guidelines, and employment contracts, along with media attention, have worked to formalise negative societal norms regarding bullying. While current fair work and work health and safety laws provide a legal framework to address workplace bullying, inconsistent safe work guidelines and regulatory inaction have inadvertently encouraged a culture of tolerance towards bullying. Fortunately, Safe Work Australia can step in to bridge this gap and drive organizational commitment towards creating Psychological Safety Cultures that eliminate the risk of injury from workplace bullying. The key to this transformation lies in promoting compliance with the new Safe Work Australia Managing Psychosocial Hazard at Work Code of Practice 2022.
Under the Occupational Health and Safety Act (Vic) 2004 and the harmonised national Work Health and Safety Act 2011, everyone involved in an organisation, including managers, employees, contractors, and visitors, have a proactive duty of care to prevent injury from bullying. Additionally, the Fair Work Act 2009 offers protective orders and compensation for various forms of workplace mistreatment. However, while safe work regulators are responsible for investigations and prosecutions under health and safety laws, fair work and industrial relations authorities handle workers' applications for protective orders and compensation.
The existing Safe Work Australia Guide for Preventing and Responding to Workplace Bullying 2016, though valuable, falls short in terms of enforceability under health and safety legislation. These guidelines emphasise risk minimization rather than complete elimination. They also incorrectly suggest that meeting the minimum requirements to avoid legal liability under fair work definitions will suffice for proactive health and safety compliance. When combined with limited fair work intervention and regulatory inaction, these guidelines unintentionally perpetuate a culture of workplace bullying tolerance, especially concerning management actions, small businesses, and isolated incidents of harassment.
In contrast, the Safe Work Australia Managing Psychosocial Hazards at Work Code of Practice 2022 holds significant weight as an approved code of practice under the Work Health and Safety Act. Courts can reference this code to determine what is reasonably practicable in various situations. This code identifies the necessary changes to prevent workplace bullying and assesses the risk of injury, delegating organisations to develop tailored control measures that suit their unique needs. However, certain psychosocial hazards, like harassment, conflict escalation, discrimination, and poor job design, are common to all workplaces and can benefit from standardized, professionally developed third-party solutions. For psychosocial hazards that involve potential physical assault, abuse, and traumatic events, specific security and counselling considerations are crucial and should involve employee consultation.
To truly make a difference, Safe Work Australia should revise the Guide for Preventing and Responding to Workplace Bullying 2016 and the Dealing with Workplace Bullying Worker's Guide 2016 to align with the requirements of the Managing Psychosocial Hazards at Work Code of Practice 2022. This update will provide proactive guidelines aimed at preventing workplace bullying before it occurs. With adequate media exposure, this revised guidance, aligned with the Work Health and Safety legislation's duty of care, can promote positive behaviour and establish a new social norm centered on developing psychological safety cultures within organisations of all sizes.
By implementing these revised Safe Work bullying guidelines and embracing risk elimination codes of practice, safety regulators can reinforce the belief in consequences for breaching their duty of care. This approach can lead to a reduction in unnecessary sick leave, compliance costs, and recruiting expenses, ultimately boosting productivity and fostering healthier, safer work environments for all employees.
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