There is little doubt from reading the myriad of comments made on various sites that workplace bullying and harassment continues to fuel discussion.

In fact, I have just finished reading a number of comments made by some obviously very traumatised workers from the public and private sector. There are some common threads relating to:

• management and communication practices
• failure to address the issue
• lack of knowledge about where to go for support on resolution options
• workplace culture
• apparent failure to treat workplace bullying and harassment as a work health and safety hazard

Some of the comments also appeared to indicate that some of those targeted had been subjected to bullying for periods of up to three years, and some had left their employment because of the bullying behaviours.

Words of wisdom and wit are added, and in some cases, the discussions raise new issues, or simply reaffirm old issues.

It does seem that many of the discussions reinforce the ideology that workplace bullying and harassment may be one and the same in the minds of some, and completely different (although related) in the minds of others.

The past two years have seen considerable discussion on the emergence of the new harmonised work health and safety laws that are coming into effect in some States as of the 1 January 2011.

Will it be a case of more of the same in relation to organisational responses, or will the various discussions that have occurred prompt a new approach?

Sins of the past, penalties of the future

It seems that many organisations have well documented policies and procedures in relation to the prevention, detection and resolution of workplace bullying. However, it also seems that despite organisations espousing commitment to a workplace free from bullying and harassment, it is still happening.

It might be the case the officers are not aware of the extent of bullying because individuals have no confidence in internal reporting systems, or they have seen how some targets/victims have been treated.

Recent discussions on various forums suggest that workplace bullying and harassment is very clearly defined in literature and through to Codes of Practice. However, discussions with workers gives a completely different idea. In some cases, reasonable management actions are perceived by some as unreasonable, whilst in other cases, bullying is seen as a way to manage people.

Take this case. Recently, I was discussing bullying with a new acquaintance. He said “Well, how do you get them to work if you don’t bully them?” to which I replied “There must be other ways of getting them to work.” His response was “No, you have to bully them, they are very lazy people.”

After a long and involved discussion, it appeared that what this person was really talking about was using assertive language to motivate or direct workers to undertake their allocated tasks.

What one perceives as reasonable, another may construe as unreasonable e.g. bullying. It is absolutely critical that a common understanding is developed regarding the definition of bullying as it applies in your workplace. It is also critical that workers have the face to face opportunity to discuss (without fear) their understandings of the definition. It is not much point having a definition that workers think means one thing, when it really means something else.

It is important that systems or processes be in place to maintain currency of knowledge of trends and issues, and of Court, Commission or Tribunal decisions that may impact on your policies and procedures.

Imagine a situation whereby you have been called to appear in a Court, Commission or Tribunal and you are confronted with evidence that shows that your organisational policies are out of date, and not only that, those who have responsibility for developing and presenting workshops on bullying, have not kept up to date.

So where do the sins of the past come in? Despite the existence of reporting systems and processes e.g. complaint or resolution processes, it seems that there are a number of workers who lack confidence in those systems. Experience suggests that when some workers understand what is involved in the resolution processes, they decide to do nothing. In some cases, they go away and start making more detailed notes, biding their time until an opportune moment presents itself.

I would suggest that this opportune moment will occur after the 1 January 2012.

The penalties of the future may result from those cases that are slowly gaining momentum now. Even though workers have not taken any action other than seek advice, it may well be the case that over a considerable time, they have been bullied, they have been gathering evidence, taking advice, or seeking support and just waiting.

Will these cases come to finalisation in a Court, Commission or Tribunal? It depends on a number of variables such as the:

• willingness of the individual to take action
• how resilient they are
• whether they understand what is actually involved
• what evidence they possess
• whether they seek legal advice

At this stage, the criminal standard of proof is not required i.e. beyond reasonable doubt, unless criminal offences are involved and this could include stalking, sexual assaults or other acts of violence. In some cases, the victim/target might make the decision not to report the criminal acts and only want action taken in relation to the ‘bullying behaviours’ where a lesser standard is required i.e. civil standard – on the balance of probabilities.

The resultant penalties than could occur might be more than financial or jail terms. Damage to individual or organisational reputations may also occur.

Mitigating the risks

Managing workplace bullying and harassment is not easy especially if you have no proactive or preventive strategies in place.

You need to know what policies, procedures and strategies your organisation has in place. Workplace bullying and harassment incidents can occur even when some of the basics have been addressed.

You might be in an organisation where a workplace bullying or harassment incident has been reported.

How many times have you heard the comment “You could see that coming”. Why was it allowed to escalate?

Some basic questions

How important are risk assessments?

I would say extremely important provided you ask the right questions, and know what the right questions are to ask. The following questions can be used as prompts to help guide when preparing for the risk assessment.

A number of the questions use the traditional who, what, when, why, where, and how model. It is important to understand that a question framed around these words may lead to a response that requires another question.

For some officers and workers, the following questions might push a few boundaries. That is the intention so that you can at least try to plan a response if these questions are put to you in a Court, Commission or Tribunal.

Does your organisation have proactive and preventive strategies that help you answer the following questions?

• Do you avoid or defer difficult conversations about workplace bullying and harassment?
• Do you resist the need to resolve counterproductive behaviours before they escalate into workplace bullying and harassment?
• Does your workplace have a culture of tolerance or acceptability when it comes to workplace bullying and harassment?
• Are you confused about what is and what isn’t workplace bullying?
• Do you know what is and what isn’t reasonable management?
• How does your workplace organisation define counterproductive behaviours that could cost you your job?
• What price do you put on your personal reputation or that of your organisation?
• How has workplace bullying and harassment been addressed in your risk management, business continuity, health and safety, audit or fraud and corruption prevention plans?

‘Officer’ questions

You may have some very good policies in place to prevent, detect and resolve workplace bullying and harassment. The advice that you get about the incidence of workplace bullying and harassment may not reflect the true situation.

Changes in work health and safety legislation, and increased publicity about workplace bullying and harassment could mean that different questions will be asked.

Litigation in Australia is taking some interesting approaches to age old issues. Individuals are engaging legal professionals who will use various strategies to test your knowledge in a Court, Commission or Tribunal. The responses that you provide could very well determine your current and future employment. Adverse publicity generated because you were not prepared could affect your personal credibility and reputation.

The following questions were developed as indicators of what could be asked in a Court, Commission or Tribunal. Of course, the media might also take it upon themselves to ask you the same questions.

How much:

• income did your organisation earn as the result of a single workplace bullying or harassment incident?
• did workplace bullying or harassment contribute towards achieving the aims and objectives of your organisation?
• business does a workplace bullying or harassment incident generate?

How does workplace bullying or harassment:

• improve customer service?
• increase productivity?
• benefit shareholders, investors or taxpayers?
• add value to your brand name or reputation?

What:

• does the preparation, dissemination, storage and archival of workplace bullying or harassment records cost your organisation?
• could your employees be better doing if they weren’t spending time addressing workplace bullying or harassment?
• are your competitors doing whilst workplace bullying or harassment is taking place in your organisation?
• could your employees be doing more productively if they were not involved generating paperwork for Court, Commission or Tribunal hearings?

How does your organisation benefit from the adverse publicity generated from workplace bullying or harassment?

What are the short, medium and long term effects on other employees who are witnesses in grievance and tribunal proceedings?

Who and what are you defending?

What will have you achieved at the end of it?

Will any of your actions result in allegations of unfair dismissal?

Does everyone in your organisation know and understand the personal consequences of workplace bullying or harassment?

Do you know how to respond to these questions?

Do you know why you should be able to respond to these questions?

How will you respond if your claim or allegation is to be resolved in a Court, Commission or Tribunal?

Will you be prepared?

Will you respond in haste and pay the penalty?

Will your actions result in findings of unfair dismissal, breach of employment contract or financial penalties being imposed by a Court, Commission or Tribunal?

These are very important questions that might be put to you in a Court, Commission or Tribunal. These questions could only be the start of what you might be confronted with.

There might be a number of other questions that will be asked of you depending on how you respond to these.

If you are reading this as either a target/victim or as a person who may have been accused of being a workplace bully or harasser, you might like to consider these questions.

Do you know:

• what to do when you have been bullied or harassed?
• what to do if you are accused of being a bully or a harasser?
• how to defend an allegation of workplace bullying or harassment?
• know what questions to ask?

Does your organisation have a workplace bullying or harassment detection, prevention and resolution policy?

If so, do you know where to find it or access it?

Sometimes, you may need to lodge a workplace injury claim because of the workplace bullying or harassment. You may also seek advice from a legal professional.

As either a target/victim or even alleged bully/harasser, you may not realise that the medical and legal professionals will ask you questions.

Do you know what type of questions:

• you will be asked when you seek medical assistance?
• your legal professionals will ask you?

Workplace bullying and harassment has direct and indirect implications on a wide range of people. It is not just a workplace issue. You may seek advice, guidance or support from your family, friends and associates.

Do you know what to say to your family, friends and associates?

If you lodge a workplace injury claim, an investigation will be conducted. You may find this process confusing or even threatening.

Sometimes the investigation will be conducted when you are still traumatised by the incident or even when you are receiving medical or psychological support.

• Do you know:
• why investigations are conducted?
• how the investigation process works?

Do you know:

• what to say to support your claim?
• what not to say, and why?

You may work in an organisation where workplace bullying or harassment is rife. The more likely there is sexual content in the incident, the more chance the media will be interested. Even if you are not directly involved, the media might ask you for your views.

You might even take it upon yourself to use one of the popular social networking sites to discuss the incident.

Do you know how to respond to media interest in workplace bullying or harassment allegations?

Employment conditions

When you started with your organisation or even when you were promoted, you may have attended an induction program. You might have been asked to sign some paperwork.

When you started work, you may not have had time to think about all the paperwork. Practical experience tells me that you need to think about these questions.

• Do you have a current job or position description?
• Do you take part in the performance management process?
• Do you know and understand your conditions of employment (including compliance with Codes of Conduct)?
• Do you know why these questions are relevant for preventing, detecting and resolving workplace bullying?

Legal professionals will ask you many questions. They will generally want to know about your conditions of employment, your workplace policies and procedures and many other issues that you may not realise are relevant.

OHS HARMONISATION

Many of you know that the OHS Harmonisation process has been underway for some time. It has been stated that the new Work Health and Safety Act 2012 will come into effect on the 1st January 2012. There are some important changes in this legislation that you need to be aware of. It does apply to the public and private sector.

The new Act may have some impact on how you respond to allegations of workplace bullying and harassment. In the worst case scenario, you could face prosecution for a breach of workplace health and safety and perhaps even imprisonment. You need to think about your preventive and proactive strategies to reduce this risk. You should be able to answer the following two questions.

Will you be an ‘officer’ under the Work Health and Safety Act 2012?

Do you know what you will have to do to meet your obligations and show that you can meet due diligence requirements?

The prevention, detection and resolution of workplace bullying and other forms of inappropriate behaviours depends on the action that you take. The questions and issues that you have been reading about are only part of the response. You should be aware that there are many left field questions that I have not included. You should know that your answer may provide a lead as to another question.

Trends and issues

Despite some interesting media articles regarding allegations of counterproductive behaviour resulting in out of Court settlements, there is little publicly available information on specific cases. From time to time, some cases are published on the Fair Work Australia website. However, a perusal of media

websites and other support networks, and even sites such as LinkedIn, HR Daily or Human Capital Online, indicates that there is increased commentary on what organisations and individuals should do to prevent or resolve workplace bullying.

Recent discussions also raised the issue of risk assessments for people wanting to work at home, and whether or not domestic violence should be considered. There has been some interesting discussions on how far a workplace extends, what should be considered and what are the implications.

Over the past two years, there have been some interesting reports have been prepared following Reviews or investigations into allegations of bullying. It is in my view, important for public and private sector organisations to at least read these reports and see whether or not there any issues that warrant attention.

Where to in the future

It is not long until the 1st January 2012 and despite all the discussion about whether or not the legislation and regulations will actually become operative from that date, workplace bullying continues to be a concern of workers across the public and private sector.

Waiting for the implementation to occur without actually addressing existing issues about bullying may not provide officers with an excuse. At the same time, workers can play a key role in preventing and detecting workplace bullying.

Standing up and speaking out about bullying may be frowned upon in some workplaces. However, given the physical and psychological trauma that can occur, and the financial costs, it is important to take a preventive role.

I have indicated in previous articles that the following systems and processes should be evident and supported through documentation:

• Clear understanding of due diligence requirements
• Clearly defined responsibilities for Officers
• Commitment to work health and safety – evidence that the CEO and other executives do site inspections – safety leadership
• Risk management policy and procedures
• Copies of risk management plans, directives, instructions, training records
• Workplace bullying policy and procedures
• Copies of documentation, evidence of consultation, risk assessment
• Training for all workers including executives
• Good support networks
• Current list of Contact officers, training, brochures, contact numbers
• Regular reviews of policies and procedures that take into consideration changes to legislation, Court/Commission or Tribunal decisions, and Review findings
• Investigation processes
• Management and Supervisory training in relation to conflict management/resolution
• Management reviews and audits regarding effectiveness or otherwise of various policies and procedures e.g. risk management and workplace bullying

Lessons to be learned

There is little doubt that no matter how hard one tries, one might end up involved in a workplace bullying incident. It is entirely possible that you could be the:

• victim/target,
• one accused of bullying behaviour

• officer/s of an organisation where bullying has occurred
• medical or legal professionals providing advice to the victim/target, the alleged bully or even to one of their family members
• family/friends or associates of the victim/target or the alleged bully
• investigator/s
• media

So, if you fall into one of those categories, you should be prepared. You might have some good systems and processes in place at your workplace. However, you might also like to consider the following:

• Prepare for a day in Court
• Practice responses
• Create scenario based training with role plays
• Test organisational documentation
• Anticipate worst case scenarios and develop risk management plans
• Address workplace bullying through risk management, fraud and corruption plans, audit plans, safety plans
• Identify left field questions
• Engage professionals to assist in developing appropriate responses
• Conduct „spot? audits and checks in the workplace
• Demonstrate evidence of consultation
• Know how risk assessments were conducted and what was considered
• Understanding what is due diligence and what is required
• Do your planning

Summary

It is important to know exactly what your level is risk exposure is in relation to workplace bullying. I would suggest that understanding systems and processes is only part of addressing the issue. It is important to understand why people are not reporting the incidents.

As workplaces change, and individual perceptions about what is and what is not bullying, it pays to constantly evaluate the level of exposure.

Proactive strategies and management practices might not completely eliminate workplace bullying. However, it might help to mitigate any fallout that may occur when an incident occurs.

Bernie Althofer AFAIM 2011 ©

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From the preceding articles we can see that the combination of physiological changes connected with stress and distress may well contribute to damage in muscles and other soft tissues of the musculoskeletal system of the body.

In the past soft tissue injuries have largely been attributed directly to task characteristics. This has led to direct management of risks associated with task by such controls as re-engineering, task rotation and so on. However we have not seen a significant reduction in the numbers or severity of soft tissue injuries from this approach.

Whilst the work at [Organisation] has remained relatively unchanged, except for product types and mix, a range of task related preventative actions to date have included:

• provision of scissor lift tables in Forge to reduce repetitive bending and reaching;
• modification of Knock-off conveyor speeds to vary work rates;
• education of employees in the use of safety devices (E-stops) and conveyor controls to manage critical mass of product flow (tangled castings) and oversize waste pieces (BBQ plates);
• task rotation to reduce exposure to repetitive tasks;

Certainly at [Organisation’s] plant, despite these preventative actions, we have experienced some severity of soft tissue injuries and the frequency, apart from the odd spike seems to be relatively static at an average of 1.75 per month. (see Table 1).

If we consider the broader implications of Human Stress factors and their potential involvement in the cause of soft tissue injuries, we might recognise the following work related stressors as potential contributors to this level of MSD experience (note the list is indicative but not exhaustive):

Managine Work Related Stress with a View to Reductions of MSDs

If we accept that stress factors may contribute to MSDs then we must take steps to manage the associated risks. Just as we re-engineer and administer actual task activities, we also need to identify and manage work related stress factors.

Given that each individual will perceive the current set of circumstances through their own set of life experiences and coping processes, it becomes a mammoth, if not impossible task to identify which employees may be at risk of stress related MSDs at any point in time.

Hence the best we can do is attempt to recognise and acknowledge the potential stress factors and then attempt to modulate the scope and scale of each one and the combination of them at any given point in time.

Associated with this, an education program in recognising and managing stress and a general health management program may be of some use in combating stress related MSDs.

References
Work-Related Musculoskeletal Disorders. Stage1. Literature Review. November 2006. Australian Government. ASCC

Selected Nursing Notes and Other Resources Lecture 3: Stress, anxiety and coping mechanisms. 1999 VUT School of Nursing HNB2212: Psychiatric Nursing.

Boletin Del CIS. 012 Stress, Psychosocial Factors. 1999. ILO

STRESS at Work. NIOSH Publication No 99-101

Repetitive Stress Injury: Diagnosis or Self-fulfilling Prophesy. Szabo RM & King KJ. September 2000. Journal of Bone and Joint Surgery

Upper Limb Disorders in the Workplace – Risk Factor Checklist HSE UK

Thank you so much to Les for this research. It has been fascinating and informative. The previous segment can be found at http://safetyconcepts.com.au/171/stress-and-msds/

Under normal conditions, where the individual is not overly stressed, some physical task activities, such as repetitive actions or sustained static loading may lead to minor lesions forming in muscle, tendon or ligament tissues. When the body is healthy these lesions heal fairly quickly and no long term damage is experienced.

However, where an individual perceives a threat or a series of threats to be ongoing the chemical and physiological changes can reach the point of becoming unhealthy. This condition is termed ‘distress’.

There are some situations where this condition of being over-stressed or distressed may lead to other physiological damage due to the combination of stress related internal changes and the nature of work tasks being performed.

• Arterio/vascular change
  For example, where the blood vessels have been constricted to some muscles and those muscles are involved in work tasks requiring repetitive activity or sustained static loading, damage may be done to muscle structures due to the lack of nutrients and oxygen being provided and/or the build up of toxic waste matters not being cleared away in the muscle cells.
• Reticular formation change
  Heart rate, blood pressure and respiration changes affect the amount of oxygen supply and waste removal to various parts of the body. Fatigue begins to affect the body when these changes continue for prolonged periods.
• Immune system change
  Chemicals released to combat infection may begin to attack cells involved in minor lesions causing inflammation and pain.

You’ll find the previous segment of Les’ research in article The Effects of Stress on the Employee.

Human Stress Factors

There are a significant number of factors that may impact on an individual’s perception of threats. These are termed stress factors. Again, each individual will experience, and respond to, these stress factors in different ways. Stress factors include:

• Task Related Stress Factors (directly connected to work performance)Physical Task Demands: include various physical characteristic requirements such as strength, flexibility, agility, height, etc. Specific details may include weights to be moved or lifted, heights and distances that weights need to be moved through, repetitive actions required, awkward or static postures that need to be maintained, types of hand grips, contact with mechanical conditions such as vibration and temperature, and so on.

  Perceptual, Cognitive and Psychomotor Task Demands: include factors such as concentration for close inspection, precise fine motor movements, speed and accuracy, task cycle time, work rate, etc.

  Overall Job Demands: include factors such as duration of working hours, quantity of work to be performed within given timeframes, access to rest or toilet breaks, task rotations, shift patterns, etc.

  Physical Environment Hazards: include factors such as constrained or confined spaces, noise, whole body vibration, working at heights, temperatures, lighting, floor surfaces, etc.

• Work Related Stress Factors (connected to the workplace environment)Psychosocial Environment: related to the level of:
  - Control over work tasks; eg: the difference between work rates controlled by conveyor lines compared to a tradesman having some autonomy over work rate.
  - Social support; relates to the degree of ‘membership’ in work teams and social groupings in the workplace.
  - Instrumental support; relates to the degree and nature of supervision, access to break times and toilet breaks.

  Employee Characteristics: relates to the individual states of stress, fatigue, and/or overall wellbeing of an individual whilst in the work environment.

• Social Stress Factors (connected with general life experiences and conditions)Relationships: states of marital, parental, sibling relationships

  Bereavement: loss of loved ones and associated perceptions of death and ‘afterlife’.

  Finances: related to the degree of financial stability and security

  Illness & Disease: related to both short and long term health issues, recovery rates and management processes. Includes ongoing medical conditions such as diabetes, arthritis, asthma, etc.

  Leisure and Lifestyle: related to social relationships and leisure activities. Includes factors such as use or abuse of alcohol and other drugs.

  Aging and Physical Changes: related to how individuals deal with the physical and emotional changes associated with the aging process. These include such factors as reducing flexibility/agility and mobility, hearing loss, changes in visual acuity, etc.

Stay tuned for the next part of Les’ research.