Safe Work Australia is considering engaging an expert on workplace bullying after nearly a quarter of submissions on a range of OH&S issues referred to the draft bullying code.

 

The submissions were in response to an issues paper and 15 Model Work Health and Safety Codes of Practice released last September.

 

The draft ‘Preventing and Responding to Workplace Bullying’ Code of Practice provides practical guidance on what bullying is, how to prevent bullying becoming a health and safety risk in the workplace and what to do if it does occur. It is applicable to any workplace and contains information that is relevant to all persons conducting a business or undertaking and their workers.

 

Under the Code, 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. 

 

It states that bullying can occur face-to-face, over the phone, via email, instant messaging or using mobile phone technologies including text messaging. Bullying can involve many different forms of unreasonable behaviour, which can be obvious (direct) or subtle (indirect).

 

Examples given of direct bullying include:

  • abusive, insulting or offensive language;
  • spreading misinformation or malicious rumours;
  • behaviour or language that frightens, humiliates, belittles or degrades, including criticism that is delivered with yelling or screaming;
  • displaying offensive material;
  • inappropriate comments about a person’s appearance, lifestyle, or their family;
  • teasing or regularly making someone the brunt of pranks or practical jokes;
  • interfering with a person’s personal property or work equipment; or
  • harmful or offensive initiation practices.

Examples of indirect bullying include:

  • unreasonably overloading a person with work or not providing enough work;
  • setting timelines that are difficult to achieve or constantly changing deadlines;
  • setting tasks that are unreasonably below or beyond a person’s skill level;
  • deliberately excluding, isolating or marginalising a person from normal work activities;
  • withholding information that is vital for effective work performance;
  • deliberately denying access to information, consultation or resources;
  • deliberately changing work arrangements, such as rosters and leave, to inconvenience a particular worker or workers; or
  • unfair treatment in relation to accessing workplace entitlements such as leave or training.

 

However, some submissions from both unions and employers commented that the Code was not specific enough about what constitutes workplace bullying and what is normal management behaviour, and suggestions included industry-specific guidelines and simplified guidelines for small businesses.

 

The ‘Preventing and Responding to Workplace Bullying’ Code of Practice is available here. Public submissions are here.