Ombudsman: police bullying and harassment complaint

Ombudsman: police bullying and harassment complaint
Ms PENNICUIK (Southern Metropolitan) --
24/05/2007

I wish to make a statement on the Victorian Ombudsman report of April 2007
entitled Investigation into a Disclosure about WorkSafe's and Victoria Police's
Handling of a Bullying and Harassment Complaint. My observations do not
relate to the circumstances of the case in question but to questions about the
capacity of WorkSafe Victoria to effectively prevent bullying and harassment
at work or to effectively investigate and deal with alleged instances of bullying
and harassment at work.

I have a longstanding concern with this issue, emanating from my work at the
Australian Council of Trade Unions (ACTU) occupational health and safety
(OHS) unit. In 2000 the OHS unit coordinated a national health and safety
campaign on bullying at work entitled 'Being bossed around is bad for your
health'. This campaign generated a huge public response.

The ACTU received thousands of calls over many weeks from often
distraught employees about the bullying behaviour they were experiencing
at work and how it was affecting their health and wellbeing.

I spoke at length to many of those callers, which was at times harrowing.
This campaign really came out of the campaign three years earlier entitled
'Stop stress at work', which found that the most reported causes of stress
at work were difficult relations with management, including bullying and
harassment. We produced a brochure which describes what workplace
cultures with bullying look like, including unreasonable demands or
impossible targets; restrictive and petty work rules; being required to
perform tasks without adequate training; being forced to stay back to
finish work or additional tasks; compulsory overtime; unfair rostering
and allocation of work; no say in how the job is done; shouting and abusive
language; open or implied threat of the sack or demotion; and people being
afraid to speak up about conditions, behaviours or health and safety.

Part of this campaign was to alert the OHS regulators around the country,
including WorkSafe Victoria, to the seriousness of this problem and its
effect on the health and safety of employees. Intimidation and bullying
are serious workplace issues and rising workplace hazards, particularly
under the WorkChoices regime. Bullying occurs when there is a
workplace culture that allows it.

In February 2003 WorkSafe produced a guidance note 'Prevention of
bullying and violence in the workplace'. The Ombudsman's report
noted that operational procedures for inspectors were still in draft form
until September 2006 and that inspectors involved in cases being
investigated were unaware of the final document in November 2006.
It is a concern that WorkSafe took three and a half years to finalise its
internal operational procedures for its own guidance note.

It is also of concern that it took three and a half years for there to be an
internal procedure for inspectors to make referrals to internal WorkSafe
investigators. It raises the question as to whether WorkSafe has effective
procedures for other key risks and hazards, including violence, stress and
musculoskeletal injury.

The Ombudsman noted his lack of confidence in the method of WorkSafe's
investigation, and I note his observation that:
... if this case is symptomatic of a wider issue, more people will be
affected if the identified WorkSafe shortfalls in responding to complaints
about bullying continue.

I was also concerned by the narrow definition that WorkSafe appeared
to have regarding who are complainants and the criteria for deciding
which apparently serious allegations are pursued or not pursued. More
worrying for Victorian employers and employees is the revelation by
the Ombudsman that WorkSafe's actions as a regulator were mitigated
by political considerations.

I note that WorkSafe has agreed to the Ombudsman's recommendations
and is conducting a review of its procedures. I look forward to hearing
about the results of the review. It is critical that WorkSafe is able to deal
effectively and in a timely manner with bullying at work. At worst, the
health effects of bullying at work can result in serious physical illness,
alcohol and drug use, depression or suicide. Other symptoms include
headaches, sleep difficulties, high blood pressure, digestive problems,
tearfulness, anxiety, nausea, anger, irritability and loss of motivation,
concentration, self-confidence and morale.

The effects of bullying at work place pressure on family and friends.
The significant effects which working conditions have on the health
and safety of workers are largely underestimated or ignored in this
country.

I commend the report to members.