Workplace bullying policy could become part of the federal workplace system

Workplace bullying policy could become part of the federal workplace system for the first time, if Workplace Relations Minister Bill Shorten's plan is successful.

Under the plan, bullied workers are allowed to take cases directly to the Fair Work Commission and have them listed within 2 weeks. Fines for bullies could be up to $33,000. Bill Shorten said the move could provide workers and their employers with a more timely and affordable method of resolving workplace bullying matters.

Key changes under the proposal include:

- A national definition of bullying and a national training system would be established.
- An investigation by police or state health and safety regulators would no longer be required before a worker could tackle a conflict.
- Safeguards would be implemented to prevent vexatious claims.

The legal position of an employer

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

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Source: The Herald Sun

New study on social media in the workplace

A new international study suggests that colleagues posting embarrassing photos of one another on social media sites is contributing to a widespread breakdown of workplace privacy.

Co-workers using social media sites to make unwanted romantic advances is also said to be blurring the distinction between work and home life.

The findings are based on surveys with 4000 social media users in 10 countries, and were published by internet security firm AVG Technologies.

"This study highlights the need for a combination of greater education around social media, alongside increased attention and care by both employees and employers to their social media etiquette at work," the company said.

Key findings among Australian respondents include:
• 6/10 said social media sites have eroded their expectation of privacy at work
• 1/10 said they have had embarrassing photos or videos taken at a work event and uploaded on to social media sites
• 9/10 believed sending unpleasant or defamatory remarks to or about a colleague using digital communications constituted cyber-bullying
• Employees raised concerns about managers discovering embarrassing or incriminating information on social media sites

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Source: The Australian and Smart Company

Workers injured in wall collapse at building site

Two men in their twenties were hospitalised last week, after a wall collapsed onto them at a building site.

The men were working to smooth off concrete on the wall when a rock supported by the wall collapsed. The Metropolitan Fire Brigade attended the accident and had to winch one of the men out of the rubble using a crane. One of the workers suffered an injured hip, while the other worker suffered an injured wrist.

WorkSafe Victoria issued a prohibition notice on the site, preventing any further work until an engineer assessed the site.

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Source: The Age

Firm fined £60,000 after an employee's hair was ripped out by machinery

A company has been fined £60,000 after a young worker was severely injured when her hair was ripped out by poorly guarded machinery.

The 25-year-old was sorting clothes hangers on a conveyor when her scarf and hair became caught in the chain and sprocket drive of the belt as she bent over to remove accumulated hangers.

She sustained serious throat injuries, lost a substantial part of her hair and fractured a finger in the incident.

The firm had fitted a guard to the conveyor but it did not fully enclose the dangerous moving parts. There was no emergency stop button on the conveyor and the company's risk assessment failed to identify the dangers of entanglement in conveyors.

The company was fined £60,000 and ordered to pay costs of £21,668.

HSE Inspector David Wynne said: "Employers must ensure that workers are properly monitored, supervised and trained when working with this sort of equipment."

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Source: http://www.hse.gov.uk/press/2013/rnn-w-mainetti.htm

$87,010 in fines proposed for roofing company that failed to provide fall protection

The Occupational Safety and Health Administration has cited a roofing company with seven safety violations following two separate inspections for failing to provide and ensure workers use proper fall protection while conducting roof work on a multicomplex apartment building. Proposed fines from both inspections total $87,010.

"When working from heights, such as roofs, ladders and scaffolds, employers must plan projects to ensure that the job is done safely, provide the proper equipment and train workers," said Kathy Webb, OSHA's area director in Aurora.

The repeat and wilful violations were for failing to provide fall protection. Five serious violations were cited for overloading and improperly using an aerial lift and failing to provide proper lanyard tie offs to workers in the aerial lift. The company was also cited for exposing workers to electrical shock by failing to provide proper ground fault protection and using a ladder that did not extend 3 feet above the landing surface.

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23496

Steel firm in court after worker struck by large steel girder

A firm has admitted safety failings that led to one of its workers being struck on his back by a large steel girder.

The 46-year-old man narrowly escaped being crushed by the girder and was instead knocked to the floor when it hit him from behind. He suffered severe bruising and soft tissue damage to his foot and lower leg.

Before leaving for the weekend, the worker had brought two girders into the workshop and placed them on powered rollers. On Monday, he set the rollers running and climbed through a curtain screen to put clean cling films on the rollers, forgetting the girders were on the same rollers. He was struck in the lower back as the girder moved toward him and knocked over the rollers onto the floor.

The company had never assessed the risks involved in using the machine and had not provided guards for the rollers to prevent access during operation. They were fined a total of £20,000 and ordered to pay £7,356 in costs.

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Source: http://www.hse.gov.uk/press/2013/rnn-yh-00613.htm

Proposed workplace bullying laws allow workers to claim compensation for being left idle

Workers in cushy jobs will be able to claim compo for being left idle, under national laws drawn up to combat bullying.

Employer groups have hit out at Safe Work Australia's "nanny state" rules, outlined in a draft code of practice that would be admissible in court cases. The code lists "not providing enough work" as a form of "indirect bullying", along with constantly changing deadlines or setting timelines that are difficult to achieve. It advises employers to ban pranks and discourage "exclusive clubs or cliques", so workers are not "ostracised" by colleagues.

The Australian Industry Group's representative on the board of Safe Work Australia, Mark Goodsell, said "It's easy for people to make an allegation and it is expensive and difficult for companies and management to rebut it."

The latest draft by Safe Work Australia states that "in some situations, behaviours may unintentionally cause distress and be perceived as bullying. For example, a manager or supervisor in a position of power may have a management style that seems to be strict or disciplinary when it is in fact bullying.”

The code has been put on ice pending the outcome of a parliamentary inquiry into bullying, ordered by Prime Minister Julia Gillard. The Australian Chamber of Commerce and Industry director David Goodwin said "employers are now responsible for virtually every aspect of wellbeing of their staff, whether they know about it or not”.

ACCI work health and safety manager Carolyn Davis said "the guidance must clearly distinguish bullying from legitimate management practices and reasonable management”.

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Source: http://www.theaustralian.com.au/news/national-bullying-laws-allow-workers-left-idle-to-claim-workers-compensation/story-e6frg6n6-1226504514022

Fair Work Australia dismissed a company's appeal over a worker's Facebook comments

Fair Work Australia (FWA) dismissed an appeal by a transport company, which tried to sack an employee for making derogatory comments about 2 of his managers on Facebook.

FWA found:
• Comments about the death of a Muslim terrorist were "distasteful", but within his right to free speech and could not be considered a personal attack on one of his managers, who is a practising Muslim.
• A comment referring to a manager as a "bacon hater" was in "poor taste".
• Sexual comments about a female manager were "outrageous", but most were made by his Facebook friends in response to his comment.
• The company did not have a social media policy and its induction training materials were inadequate grounds to sack the employee.
• The employee’s limited understanding of Facebook was relevant, but such claims of ignorance are likely to be viewed less favourably in the future as more people join social media websites.

The company launched an appeal but FWA upheld the original ruling.

The industrial umpire warned "Facebook conversations leave a permanent written record of statements and comments made by participants, which can be read at any time into the future until they are taken down by the page owner," the appeal panel said.

"Employees should therefore exercise considerable care in using social networking sites in making comments or conducting conversations about their managers and fellow employees."

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Source: http://au.finance.yahoo.com/news/linfox-loses-appeal-over-truckies-061015018.html

Staff at a food manufacturer speak publicly about years of alleged workplace bullying

Almost half the staff at an inner-city gourmet food manufacturer have spoken out about alleged extreme workplace bullying. The staff took the unusual step of speaking publicly about the alleged bullying because they hoped doing so would help their situation.

18 staff out of 38 accused their employer of allowing bullying to go unchecked despite numerous complaints, including allowing a senior staff member to:
■Regularly scream at them & make sexual comments.
■Tell workers they needed to give 48 hours' notice if they wanted to take sick days.
■Demand staff work overtime, without any notice.
■Tell any casual worker who became full time they must ''celebrate'' by buying lunch for the entire workplace, or buying a supervisor a gift.
■Keep the wages of some employees for up to 8 weeks.
■Pressure most staff to pay her - in cash - 10% of a backpay payment.

The case will throw a spotlight on laws passed last year that were aimed at tackling workplace bullying.

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Source: http://www.theage.com.au/small-business/staff-at-food-plant-allege-years-of-extreme-bullying-20121007-277dc.html

Safe Work Australia has proposed a code of practice to fight workplace fatigue

Under proposed national laws to fight workplace fatigue, bosses will have to roster jobs around workers' social lives and check that staff who yawn or daydream aren't too tired to work safely.

Safe Work Australia’s checklist for employers to spot worker fatigue includes headaches, daydreaming, constant yawning, low motivation, moodiness, slow reflexes and responses, increased errors and drifting in and out of traffic lanes while driving.

The draft code proposes that:
• Bosses "eliminate or reduce the need to work extended hours or overtime" so staff don't get too tired.
• "Safety critical" tasks - such as administering drugs, driving a truck or electrical work - should not be performed in the "low body clock period" of 2pm to 4pm.
• Rosters should be drawn up to accommodate workers' social lives.
• Employers should train workers in "balancing work and personal lifestyle demands".

The code of practice - to be finalised next year - will be admissible in court if an employer is charged with breaching workplace health and safety laws.

Safe Work Australia is revising the code. "Changes aim to reflect recent research findings and outcomes of case law," a spokeswoman said.

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Source: http://www.heraldsun.com.au/news/national/safe-work-australia-plan-to-cut-risk-for-tired-workers-puts-employers-offside/story-fndo471r-1226489795262

130 workplace deaths in Australia so far in 2012

As of 24 September, 130 Australian workers have died at work. During the same period last year, 120 deaths had occurred. Safe Work Australia records cases of work fatality and injury, updates statistics and prepares several reports.

Worker deaths by industry as of September 24, 2012:
Transport, postal and warehousing (42)
Agriculture, forestry and fishing (27)
Construction (19)
Manufacturing (9)
Administrative and support services (6)
Arts and recreation services (4)
Mining (4)
Public administration and safety (3)
Electricity, gas, water and waste services (2)
Wholesale trade (2)
Retail trade (2)
Education and training (2)
Other services (2)
Health care and social assistance (1)
Financial and insurance services (1)
Professional, scientific and technical services (1)
Industry unknown (3)

The data is only an initial estimate for the number of people killed. More information can be found at the Safe Work Australia website.

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Source: http://www.safetyculture.com.au/news/index.php

Workplace accidents can happen to anybody - WHSQ film warns of safety risks

‘Workplace accidents can happen to anybody, not just middle-aged men’ is the message of the new film by Workplace Health and Safety Queensland.

'In it for the long haul: The Tiffany Ward story' is about making sure that young workers are able to return home safely to family and friends at the end of their working day. All workers and employers need to be aware of the unique risk profile young people have which makes them vulnerable in the workplace.

At 18, Tiffany Ward was severely injured at work when both of her arms were caught in a potato processing auger. It took emergency crews more than 40 minutes to free her and led to more than 30 hours of surgery to save her life and arms.

Now 22 and married with two children, Tiffany has shared her story to make workers more aware that a workplace incident can have life-long consequences. The film describes Tiffany's battle to live with the financial, physical and emotional consequences of her injury.

To view WHSQ’s video or for more information, visit In it for the long haul: The Tiffany Ward story

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Source: http://www.deir.qld.gov.au/workplace/tiffany/index.htm

Companies should establish a social media policy, according to new survey results

Businesses that haven't already set up policies about how their staff use social media in the workplace should do so quickly or risk becoming irrelevant to job seekers, according to the Hays Tomorrow’s Workforce report.

The results suggest while businesses don't need to spend a disproportionate amount of time creating a social media policy, it will still affect how potential employees see the company and affect your reputation.

• 19.7% of job seekers would consider turning down a job if they didn't have "reasonable access" to social media sites during work hours.
• 44.3% of employers believe that allowing employees to have access to social media will improve retention levels.
• 25.3% of respondents didn't have a clear idea of how to represent their companies on social media. Businesses have found themselves in hot water over situations where employees have said inappropriate things on Facebook or Twitter, reflecting badly on the company.

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For more information on this HR news, visit Smart Company’s article. Source: http://www.smartcompany.com.au/managing-people/051902-workplace-policies-on-social-media-essential-as-survey-reveals-one-fifth-of-job-seekers-want-full-access.html

Workplace bullying could be criminalised throughout Australia

Prime Minister Julia Gillard has backed a national version of workplace bullying laws introduced in Victoria last year, which criminalise serious workplace bullying. Under the changes, workplace bullies can face up to 10 years jail time. The Victorian law, also known as “Brodie’s Law” was established after the tragic suicide of 19-year-old Brodie Panlock, a waitress who faced relentless taunts and abuse at work.

In May 2012, Ms Gillard announced a national review into workplace bullying, which will assess the nature, causes and degree of workplace bullying. ''One way we could add to what we're doing now is to take Brodie's law nationally and to have a common national law to deal with bullying in the workplace,'' Ms Gillard said.

What impact does bullying have on your workplace?
According to the Australian Productivity Commission, workplace bullying costs employers and the Australian economy between $6 billion and $36 billion per year.

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

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Sources: The Sydney Morning Herald Safe to Work