The OHS harmonization process will revolutionise how individuals and organisations approach workplace bullying. If it doesn’t, workplace bullying will continue as a critical physical and psychological issue affecting individuals and organisations forever. 

So far in Australia, there have been relatively few prosecutions of organisations or individuals for health and safety breaches relating to workplace bullying. However, the recent successful prosecution of and employer and employees linked to the death of Brodie Panlock in Victoria may be the first step as Governments are starting to view deadly implications of the short, medium and long term and sometimes fatal impact of this insidious practice.

Despite publicity generated by Government Departments and strong media interest when there has been a death following a workplace bullying incident, I believe that many public and private sector organisations are being lulled into a false sense of security. Lack of data, small numbers of allegations dealt with quickly, or individuals not reporting incidents create an illusionary perception that ‘all is well’ and ‘we are doing enough.’

The tides of change are coming and as every day goes by, the tide is picking up strength just like a tsunami. What is this tide of change? In a nutshell, it is the Work Health and Safety Act that is due to be implemented in January 2012. Will it make a difference?

I believe that some of the changes will have a dramatic affect on how executive officers think about, and even commit themselves to the notion of work health and safety. They will have to about the physical and the psychological aspects if they are to meet their obligations and show that they can meet due diligence requirements.

Barry Sherriff and Michael Tooma have written an excellent, user friendly publication that is produced by CCH. I believe the way that they have interpreted the legislation has resulted in the publication of the book ‘Understanding the Model Work Health and Safety Act’. Their explanations of various definitions and what they actually mean gives credence to the belief that the tides of change are coming.

It is not intended to reproduce all the definitions covered by Sherriff and Tooma, but I am going to refer to few where I believe public and private sector agencies need to focus in terms of workplace bullying.

Officer

Executives might be blissfully unaware that changes to the legislation means that there is every possibility that they will be considered an ‘officer’ under the model WHS Act, and as such they must exercise due diligence to ensure that there organization complies with its duties under the legislation. Sherriff and Tooma point out that the term “officer” has the same definition as it has in the Corporations Act 2001. They also indicate that the definition is extended to apply to officers of the Crown by s. 244 of the model WHS Act. So, are you an officer? Sherriff and Tooma (2010:32) provide a list in relation to who is an officer.

Who is and who is not an officer in your organisation?

They also discuss due diligence and provide some discussion as to what is meant by due diligence. It is interesting to note that Sherriff and Tooma (2010:33) indicate that officers need to make themselves aware of changes to legislation and developments in case law as well as Australian standards.  Does this apply to workplace bullying? Well yes, it does. Courts, Commissions and Tribunals are continually making decisions that impact directly and indirectly on individuals and organisations. Whilst some organisations may cut back on training, it is essential that the Board and Executive officers be regularly briefed or involved in training sessions so that they can maintain currency in trends and issues and even decisions associated with workplace bullying.

Cutting back on training may even have a negative impact on how ‘officers’ demonstrate that they have met their obligations or fulfilled due diligence requirements.

Worker

Some things in relation to workplace health and safety might not change dramatically, but the definition of a worker is worth considering. As Sherriff and Tooma (2010:52) indicate, a person is a “worker” if they carry out work in any capacity for a PCBU. It is a broad definition, but they also indicate that it ‘includes work as an employee, a contractor, a subcontractor, an employee of a contractor or subcontractor, an employee of a labour hire company, an outworker, an apprentice, a trainee, a student gaining work experience, or even a volunteer.

Each of the ‘workers’ identified above can at any stage be involved in a workplace bullying incident so it is important that the safe system of work, including the prevention, detection and resolution of workplace bullying cover these people. The task is to read your current policy and see if the definition of worker meets this requirement. 

Does your policy cover those ‘workers’ in terms of workplace bullying?

Who is a person at a workplace?

There are some subtle changes to the meaning of ‘who is a person at a workplace?’ Given that workplace bullying can involve internal and external employees or customers, this is an important definition. As Sherriff and Tooma (2010:53) indicate, ‘the duty of care of a person at a workplace is intended to capture visitors to workplaces, such as customers and clients, passers-by, relatives and associates of workers, and trespassers’. 

Does your workplace bullying policy cover this definition?

What is a workplace?

Workplace has been mentioned several times. Workplace bullying can happen across a diverse range of locations and a key example of this is ‘cyber bullying’ or stalking (a criminal offence). It is important that employers and employees have a detailed understanding of this section. Sherriff and Tooma (2010:53) indicate that:

‘a workplace is defined as a place where work is carried out for a business or for an undertaking. It includes any place where a worker goes, or is likely to be, while at work (for example, a vehicle, a vessel, an aircraft or other mobile structure, any waters and any installation on land, and on the bed of any waters or floating on any waters). As such, not only are factories, shops, construction sites and offices workplaces, but roads, homes, national parks, schools, hotels, airports, aeroplanes, ports and ships are also workplaces when people are working there. Indeed, any place can be transformed into a workplace if people work there.’

So what is the relevance of that definition to workplace bullying? Workplace bullying can occur in any of the above places, and can be committed by employees of the organisation, or by employees of other organisations. How does your workplace bullying policy define workplace? Is it defined in your health and safety policy, or in some other document that employees hardly ever refer to? 

Action

Given that Courts, Commissions and Tribunals appear to have taken a broad view about workplaces and what is workplace related, it is important that employees understand the parameters in which they operate. For example, the birthday bash of work colleagues held in an off site location may be considered work related if an event that occurs at the party site is discussed in the workplace proper. 

Some organisations will allow employees to attend post event functions e.g. after a Conference, but ‘kick on events’ may occur after the post event functions. Depending on the circumstances, a ‘kick on event’ may be considered work related, or even a workplace.  From time to time, allegations of sexual harassment and bullying arise following such events, and in some cases, excessive consumption of liquor has occurred. 

Changes to the workplace, broadening of definitions and allegations of all forms of inappropriate behaviour can result in adverse publicity and damage to individual and organisational reputations. 

Is there a need for panic?  Well, no not at the moment. 

However, if I were an Executive in the public or private sector, I would want to make sure that I could meet all the obligations placed on me through the changes to the Work Health and Safety Act and I would to be able to demonstrate that I could meet due diligence requirements. I would not to be sitting in some Court, Commission or Tribunal trying to explain why I had failed in my duties as an ‘officer’. I don’t think like would like to be explaining to the CEO or to the Board about how my inactions failed the organisation.

At the same time, if I was an employee giving evidence in a Court, Commission or Tribunal as to why I had committed a breach of work health and safety, I would want to know the answers.

What should I do?

Executive officers should be getting briefings from their health and safety personnel.

Health and safety personnel should be working hand in glove with HR, Risk Managers, and other key personnel concerned with managing physical and psychological hazards in their organizations.

Employees should approach their unions or health and safety personnel to find out what their obligations are and what they have to do meet them.

Health and Safety policies and procedures, along with various HR policies should be reviewed to ensure that they meet the requirements of the Work Health and Safety Act.

In the meantime, publications such as that listed in the references provide a very good understanding of the key issues identified in this short paper.

Alternatively, there are a number of Safety Conferences being held between now and 2012 where key note speakers address the Work Health and Safety Act. I have been to several of these, and the Melbourne SIA featured the eloquence of Barry Sherriff of Norton Rose explaining in a no-nonsense manner just how the new Act is going to impact on organisations and individuals.

References

Sherriff, B. & Tooma, M. (2010) Understanding the Model Work Health and Safety Act. CCH AUSTRALIA LIMITED. Printed in Australia by McPherson’s Printing Group. ISBN: 978 1 921593 72 7.

The report went on to say that while millions of dollars are spent trying to find the cure for RSI we don’t appear to be getting very far. In fact it is generally agreed that the most success comes from prevention, not cure.

The number one cause of RSI is the huge impact of computers in our lives – in particular the use of keyboards. Almost every worker in an office from the receptionist to the executive suite works daily with a desktop or laptop. Even in a world where the use of the personal device and smart phone is fast becoming the next “platform” PC use is as mainstream as paper and pencil.

The report says that incorrect seating, poor work regimes and appalling physical fitness can play a role in RSI, which is why many experts often prescribe special exercises to help lessen the effects of long hours spent at the computer making hundreds of thousands of key strokes. While these movements may be small, they carry the risks and dangers of any athletic activity.

There are some simple tips to avoiding RSI and still remain productive at work.

First, start with a good chair that has as much adjustability as possible and is easy move. The chair should not be so long that it digs into the back of the legs, and the chair’s height should be adjusted so that the feet can touch the floor without dangling.

To help improve posture, select an ergonomic designed keyboard. If you cannot change your hardware make a simple adjustment to the keyboard. Slip a board, about 25 centimeters thick, beneath the lowest side of the keyboard. This provides a “negative” tilt, taking some strain off the wrists and encourages you to sit up a little straighter,

According to the American College of Orthopaedic Surgeons, sufferers of RSI can be aided by the correct environmental climate with which to operate at work. The college suggests workers change the desk height, change the seat, and use a foam wrist rest.

Another field of thought says that the best way to treat RSI is keep the tendons supple and moving. The theory is that tendons that move heal better, so people are encouraged to warm up by doing fine motor movements such as wrist twirls and finger lunges to keep things supple.

By limiting how much hands and wrists move you can cause muscles to contract and tendons to shrink. People end up alleviating some of the pain, but they tend to put added stress on some of the other muscle groups. The goal is to maintain a range of motion.

The Government was well on its way to introducing a system that could help prevent tragedies such as the death at the Perseverance Mine.

According to the Minister in charge, the reforms introduce a more risk-based approach in place of prescriptive rules and regulations. They will reinforce that the onus is on operators to demonstrate an understanding of the hazards and risks of their workplace.

The changes will be implemented by the Resources Safety Division of the Department of Mines and Petroleum.

A ministerial advisory panel, containing representatives of Government, industry and unions has also been established to monitor their delivery.

The reforms will be funded by a series of levies, fees and charges from industry that can only be spent on safety issues.

Cost recovery in safety regulation is widely accepted and has already been successfully adopted by New South Wales and Queensland.

The Minister said close to $8million was expected to be raised this year for the reforms and the number of available mines inspectors almost doubled.

Southern California Coalition for Occupational Safety, a nonprofit group, had the idea for the mock funeral to urge passage of stronger state and federal occupational safety laws.

Worker safety has been in the news with the recent deaths of 29 people in a West Virginia coal mine and the explosion of an oil rig in the Gulf of Mexico that left 11 missing. But in the US most occupational deaths receive little notice. According to the U.S. Department of Labor, thousands of U.S. workers are injured or killed on the job each year as a result of “preventable incidents.”
 
On the day, a flower-bedecked altar set up outside the labor center paid tribute to a number of fallen workers, and displayed snapshots and brief biographies.
 
Vehicles in the mock procession proceeded from MacArthur Park on an almost four-mile route through central Los Angeles, with posters written in English and Spanish conveying messages such as “No job is worth more than our lives” and “Remember the dead — fight for the living.”

Do you think would work here in Australia – a mock funeral procession down our Ann Streets, Collins Streets or even George Streets?  A mock funeral to show how big an impact a workers death can have on family and the community. OHS in Australia is covered by state laws that are a lot stricter than those in the US, but even these laws will not prevent accidents and deaths at work without widespread culture of compliance from the CEO down to the shop floor.

After scouring workplace safety documents and not found any satisfactory answers, a colleague and WHSO Scott Donoghue has raised this question, and we were wondering what your thoughts were on the subject. If you could share your knowledge, highlight any documentation or resources we’d be delighted to get your comments. With Scott’s training and experience in the industry, he mentioned that a ratio of 1:20 might be a realistic figure for larger corporations.

To add your comments please enter them below in the comments box.

Here are the top ten facts about office temperature that will help you win the battle for the air conditioning controls:

1. The Australian Standard AS 1837 – 1976 Code of practice for application of ergonomics to factory and office work recommends a temperature range of 21~24 degree Celsius for both offices and factories in summer. The preferred winter temperature is usually about two degrees lower than in summer.
2. Temperature affects productivity. Studies in the US show that productivity can drop off by up to 20% if the temperature is so uncomfortable it causes a distraction to the employee. Productivity drops off when the employee feels either too hot or too cold but surprisingly the major contributor to lost productivity is when the temperature is too cold.
3. Keeping all employees “comfortable” in an office is almost impossible. The bad news is that everyone is different and what temperature is comfortable for one person is not necessarily the same for the person working next door.
4. The human response to temperature is adaptive. In summer we can tolerate a lot more ambient heat than in winter, because our bodies become used to the higher range of temperatures. So the ideal thing is to measure what the outdoor temperature is and set the indoor temperature accordingly.
5. Women can feel the cold more than men. Since women tend to be less muscular than men and wear less layers of clothing they tend to run colder. Men tend to dress in sleeved shirts, pants and sweaters that leave only face and necks exposed. That is why so many women turn to the trusted office sweater draped over the chair.
6. The best solution to office thermostat wars is to poll the audience. If 99% of people are comfortable then there has to be give and take. Use the exercise to explain how the system works in your building. Maybe bring in an expert to talk to staff at the next OHS Toolbox Talk.
7. Older buildings with out of date heating and cooling systems can have uneven results. An office might have two or more distinct climates under the one roof.  Some buildings have poorly designed air conditioning systems that deliver too much to one part of the office and not enough to other sections. Check that the thermostat has not been situated directly in the air flow from an air conditioning vent. Also office temperatures can be localised. A desk situated in direct sunlight will be much warmer than a desk situated directly under an air conditioning outlet
8. Some older personal computers can generate as much heat as a small fan force heater raising local temperatures above the room average. This problem can be compounded by the clustering of servers, printers and computers in one particular section of an office.
9. Humans have a thermostat centre located at the base of the brain called the hypothalamus where a thyroid gland regulates our body’s metabolism. For example, when it is cold outside, the skin registers the change in temperature and stimulates the hypothalamus and thyroid to increase metabolism and generate body heat. How these personal thermostats sense changes in temperature vary between people. Some people feel the cold more than others and yet can tolerate much higher workplace temperatures than their peers.
10. Other causes of office temperature discomfort include your level of fitness, your diet and even your age. Being fit means regular exercise that leads to more dense muscle which in turn regulates body temperature more efficiently. Our metabolism needs healthy nutrients from a proper diet to work efficiently and as people age their normal hormone systems start to function differently making it harder to keep warm or to stay cool. Lastly being too tense or stressed in the office can impact on your circulation and make you feel colder.

Sometimes people who work with chemicals daily become complacent about those chemicals and the damage they can cause. From being able to burn through materials and skin to those that can cause respiratory nightmares and severe illnesses, or headaches and dizziness, chemicals are not something that should be treated without a lot of thought and care.

Know What You’re Dealing With

The first thing you should know about the chemicals that are in your workplace is what they are and what hazards they present. Depending on the chemical, the threats from it can be very different.

It is vital that there is a list of all the chemicals that are being used as well as the threats they pose and how to deal with any potential accident, such as a spill.

Most chemicals should be accompanied by an MSD (Material Safety Data Sheet), a form outlining the hazards of the chemical, how it should be stored and transported, and information pertinent to emergency personnel (First Aid Officers, Fire Fighters, Hazardous Material Crews, etc.).

The MSD’s often cover things like:

• name of the substance
• name of company and contact details who supplies the product
• other details of the substance (eg. molecular details, other known names of the product, etc.)
• physical data (melting point, boiling point, flash point, etc.)
• fire fighting information
• toxicity
• health effects
• first aid (skin contact, eye contact, etc.)
• reactivity to the environment and other chemicals
• storage, transport and disposal details
• recommended protective equipment while using substance
• procedures to follow if a spill or leak occurs

Safety Process

If you are the employer, it is important that you make sure each of your employees are well versed on the items they may come in contact with and how to work with them intelligently.  Additionally, they need to have a clear plan of action in case something goes wrong and there is an accident. Without a safety process in place, a situation that could have been easily controlled and mitigated can become a major accident leading to injuries and damage.

In a worst-case scenario, does everyone in the workplace know what to do? This is something that should be second nature, not something that has to be thought about. When it comes to toxic chemicals, seconds in reaction can be the difference between life and death. Make sure all employees have regular drills and reminders of the emergency procedures so they are always clear of what actions to take.

Do you have the correct chemical hazard signage around the workplace? Do you have signage for staff to put up in case of a spill or leak?

Safety Gear

In addition to knowing safety procedures and how to deal with chemicals in the workplace, your employees also need to have the right safety gear to use to assure they are safe when in contact with these chemicals.

Such gear can include gloves, protective eyewear (goggles), protective clothing (aprons, correct shoes, lab coats, etc.) and even respirators depending on the chemicals they will be in contact with. Make sure the appropriate gear is available for all workers.

Additionally, it is vital to regularly check these items for signs of wear or break down and repair and replace them as needed.

Workplace Layout

• Design your office/factory/store to discourage robbery and violence
• Locate Cash Registers or POS terminals so they are clearly visible
• Display minimum amounts of goods that are often targeted in robberies
• Install security devices to monitor people in high risk areas in the premises (eg. mirrors in corners or ceilings)
• Keep counters clear of heavy or sharp items that could be used as weapons
• Use a high counter between reception person and the public or install screens
• Position staff to avoid ‘blind spots’ where the public enters the premises

Security Devices

• Use electronic sensors to alert staff that customers are entering or leaving the premises
• Use security cameras
• Offer staff personal protection devices, eg. personal duress alarms

Lighting

• Maintain a well lit interior and exterior to minimize hiding places

Doors and Windows

• Secure rear and side external doors to restrict access
• Organise an escape route for staff in the event of a violent attack
• Use deadbolts for doors and key locks for windows

Safes and Money

• Use drop safes and time delay safes
• Encourage electronic forms of payment
• Display signs to advise customers that minimal cash is held and time delay safes used

Training

• Design safety procedures that protect you and your staff
• Always follows the procedures and never chastise staff if they use the procedures, even if it is a false alarm
• Provide training and written procedures so everyone is prepared
• Teach employees how to deal with customers politely
• Show employees how to deal with confrontational customers
• Train employees how to pick up on signs of anger and tension from customers
• Educate employees on how to be aware of their surroundings
• Inform staff that their own safety is paramount and that they should not put their own safety at risk in order to rotect goods or property
• Train staff in non-violent responses to threatening situations
• Teach staff about what they should do in the event of a robbery or shoplifting incident
• Make sure staff are familiar with cash handling procedures and credit checks
• Train staff how to raise the alarm and operate security equipment
• Ask staff to take notes of any ‘odd’ occurrences – these notes may help to identify a future risk and ways to avoid it

Procedures

• Avoid opening and closing the shop/office/factory alone
• Roster more staff and more experienced staff at high risk times (eg. night)
• Minimize cash levels
• Use cash handling procedures that make cash less visible
• Transfer cash to bank regularly, at irregular times, by different routes and where possible with two people
• If dealing with large sums of cash use professional security services to transfer money
• Work with neighbouring businesses to reduce risks in your area
• If working after hours encourage staff to walk to carpark in groups, or be escorted to their vehicle by security staff

Understanding your back, the different types of back injuries and what generally causes them can help us to find better procedures to avoid back injuries during manual handling, when setting up workstations, etc.
 
Your back is supported by a spinal column. The spinal column is made up of vertebrae. Each of those vertebrae are supported by muscles, ligaments and tendons. And each of those vertebrae is cushioned by discs. The majority of back pain issues and injuries occur because one part of the body is weak or overworked and the back attempts to compensate. For example, the abdominal muscles may not be strong enough to carry sudden excessive weight around the waist, so the back must overcompensate to carry it, leading to back ache.

Let’s look at each part of the back in more detail.

Muscles

Muscular back pain is the most common form of back pain. It is most likely to occur when placing too much demand on those muscles – either by introducing a new activity that the muscles are not used to, or by increasing the workload (weight or time wise) over what the muscles are accustomed to. Injury can occur too when the muscles are cold. Just like a sprinting athlete would warm up the muscles of their legs and arms, work that emphasizes the back muscles should be proceeded by a warm up of those muscles.

Cramping or seizures of the back muscles are referred to as back spasms. 

Piriformis Syndrome is painful and is often caused by the bottom’s piriformis muscle pinching the sciatic nerve.

To avoid muscle pain and injury:

• Warm up thoroughly first
• Avoid repetitive tasks that put strain on the back (research if equipment can perform the job)
• Drink plenty of water as dehydration can lead to muscle spasms

If muscle ache occurs:

• Rest using good posture
• Apply gentle heat, eg. warm shower, heat pad, etc.
• Go for a short, relaxing walk

Ligaments

Ligaments are bands of fibrous material that connect bone to bone. They work as shock absorbers and prevent over movement/ over extention of the joints.

Injury through tearing a ligament can occur due to prolonged poor posture. The ligaments become overstretched due to the poor posture and then when sudden strain is placed on them, they can tear.

Damage to the ligaments of the back have been known to occur during taks such as digging or shovelling.

To avoid ligament injury:

• Practice good posture at all times
• Avoid tasks that put excessive strain on the back (research if equipment can perform the job)

Discs

Discs are like little gel cushions in between each vetebrae and the next. If you lean to one side the down-tilted side of each disc will be squashed and the up-tilted side of the disc will expand.

Pain and injury to the discs can occur when the spine is rotated, and by bending forward. More squashing of the disc would occur if you were to bend forward or rotate while lifing a heavy load.

To avoid disc injury:

• Practice good posture at all times
• Follow the correct lifting techniques – and never twist your body as you lift something. See The Art of Lifting

Tendons

Tendons are bands of fibrous material that connect muscle to bone. 

The most common injury relating to tendons is known as Tendonitis. This painful condition is from stress on a tendon whether it be through repeated motion, trauma to the body, or an imbalance in posture or motion.

To avoid tendon injuries:

• Allow time for the body to recover from any activity, new or old
• As with all other back issues, warm up before undertaking activity
• When starting a new activity, do it in small bouts – and increase the intensity or time ratio gradually – allow your body to adjust over time.

The big picture?

• Practice good posture at all times
• Be aware of your back and treat it with care
• Warm up before undertaking any activity that puts pressure on your back
• Rest and recover between activity
• Allow your body to adapt to new activities

So one way to help increase safety in your office is to cut down on the use of paper by going as paperless as possible. True, in some contexts your business may be unable to achieve this, and in some cases all you need is a little creativity to get results.

For example, one company who supply reports to property investors was printing out and posting numerous paper reports each week. To avoid use of paper (and to cut down on the expenses of printing) the company decided to offer electronic reports that they could email to the individuals. Assuming that only a few people would opt for the electronic version, the company was pleasantly suprised that 90% of their customers supported the paperless option.
 
Are there ways you can offer a product or the paperwork associated with it in an electronic format?

Here are some ways to save on paper and get those work desks cleared:

• type up phone messages and ‘notes to yourself’ on a computer
• use a small whiteboard for phone messages (and then add details to your computer later)
• arrange to receive your bills electronically
• send your invoices electronically
• arrange to receive your magazine subscriptions, notifications, etc. via the web
• use an electronic diary
• arrange to receive your bank statements electronically
• use the old ‘handle it once’ system, ie. don’t pick up a piece of paper and then shove it somewhere else on your desk, and then a week later pick it the same piece of paper and put it on the other side of your desk! Deal with the paper a.s.a.p. and as soon as you have, either file it or throw it in the recycle bin (shredding it first if it is of a confidential nature)
• use handtowels and teatowels instead of paper towels. In one medium-sized business (22 employees and 6 managers/supervisors) each staff member has their own handtowel. One cheery soul volunteered to take the towels home twice a week and wash them. Everyone seems happy with the arrangement – even the washing person!

If you can’t find a way to avoid using paper, buy unbleached, 100% recycled paper (one sure way to save the environment and encourage recycling of the masses of wasted paper – yet another fire hazard!)

And REMEMBER… back up your computer, electronic diary, etc. regularly!