It's No Accident - May 2011

Bullying Bullying includes bossing people around, intimidating, threatening or keeping them under pressure.

Victoria State Office (03) 9230 5700 Frank Fairley 0425 713 263 Georgie Kimmel 0425 784 815 Andy Giles 0409 856 807 Sarah Ross 0425 784 817 New South Wales State Office (02) 9897 4200 Dave Henry 0419 403 389 Alan Mansfield 0418 638 425 Mick Rattigan 0418 637 769 Queensland State Office Brian Devlin

(07) 3236 2550 0418 714 251

South Australia State Office (08) 8366 5800 Western Australia State Office (08) 9223 0800 Glenn McLean 0409 663 637

Is bullying happening at your workplace?

• 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 or allocation of work • No say in how your job is done • Interference with personal belongings or sabotage of work • Shouting or abusive language • Open or implied threat of the sack or demotion • People afraid to speak up about conditions, behaviours, or health and safety.

Model Work Health and Safety laws: the timetable

Answering yes to these questions may mean there is a bullying problem.

Some actions to take include: • Having a meeting with HSRs and Delegates • Talking to the AMWU Organiser or H&S Officer • Getting AMWU advice on a bullying/harassment policy (union or health and safety regulators have examples) • Discussing an education program to inform every one of their rights and responsibilities.

Remember • Keep records of incidents, so they are not forgotten or misrepresented • Respect confidentiality, but don’t hide things under the carpet. That’s often how management gets away with doing nothing about a bullying environment.

Employers have to consult with their employees about policies and procedures to eliminate work Tasmania related risks: this includes bullying. But as our State Office (03) 6228 7099 survey shows, employers often ‘forget’ to consult.

As HSRs and Delegates you may need to remind your employer of their legal obligations. There is no excuse for causing or allowing bullying.

‘It’s no accident’ is the OHS newsletter of the AMWU. Feedback and story ideas to amwu@amwu.asn.au

The commencement date for Model Work Health and Safety (WHS) laws is January 2012. The laws will need to be passed by every parliament: state, territory & federal. Governments are currently drafting the Bills for introduction into Parliament from now until September.

Public comments made by AMWU Health and Safety Representatives (HSR) and Delegates have been recognised.

More than 150 AMWU Delegates/HSRs submitted comments on the draft Model WHS Regulations to SafeWork Australia. Well done --- your contributions have been mentioned in official government dispatches and it is clear you have made a difference. The Model WHS regulations will be finalised in late June 2011.

What did you say?

Over 250 AMWU HSRs responded to a survey distributed by the union in late 2010. This represents 10% of HSRs on the AMWU records: but is a reasonable response for these types of surveys. Previous surveys of AMWU HSRs were conducted in 2004 and 2007.

BULLETIN

National Coordinator Deb Vallance (03) 9230 5888 Mobile 0439 988 704

May 2011

www.amwu.org.au

AMWU OHS Contacts

Being bullied or harassed is a major cause of stress at work. At worst, it can result in serious physical illness, alcohol and drug use, depression or suicidal thoughts. The effects of bullying also place pressure on family and friends.

d n a n Ope e on plac board e c i t o n

So what did you tell us?

The good news is, as we know, but it’s good to say again and again, being an active HSR makes a difference. Nearly 90% of HSRs said that when they identify risks, the employer acts to fix the problem.

Half of the HSRs frequently carry out their own inspections. HSRs have the right to inspect under current law and the Model laws. Two thirds of HSRs felt they had enough time to carry out their own inspections: current and the Model laws give HSRs the right to inspect the work area, after giving reasonable notice to the employer. AMWU HSRs clearly know that using powers provided by the law gets results: 23% had issued a PIN and 33% had issued a cease work for health and safety reasons. These rights, currently in most laws, will also be in the Model laws.

From January 2012 only trained HSRs will be able to use these powers.

Training by AMWU approved trainers All HSRs have a right to be trained and over 90% of respondents had exercised this right. But it appears many are not aware that HSRs can attend a union approved training provider. The reasons are varied but include: • HSRs not being aware of the legal right to choose union approved training • HSRs face significant pressure from their employer not to attend union approved training.

AMWU trainers often get comments like: • At the TAFE course we spent a lot of time on duties, but little time on rights and powers; in the union course we talked about how to get things fixed • Until I did union training, I didn’t know I could get help on health and safety issues from the AMWU • The employer course was boring, but in the union course, the information was presented in a practical way --- it was easy to understand • I learnt lots from others on the course --- learning was fun

The common injuries reported at AMWU workplaces were:

• Before the union training, I never knew what a PIN notice was --- even though I had been to a WorkCover approved health and safety course.

So every time a new HSR is elected, enrol them in an AMWU approved health and safety training course: if the employer resists, get help from the AMWU Delegate, Organiser or State Office.

The majority of HSRs felt considerable satisfaction with their role. The disadvantages were linked to attitudes of management (and sometimes fellow workers) about the importance of health and safety.

HSRs said: • Its satisfying maintaining a safe workplace • It feels good when you get a result • It is good to know rules and to see issues resolved • Better knowledge of laws, respect from fellow workers and management • Management considers you a pest • Frustration with managers and workmates who do not share views on safety.

The most common hazards of concern reported by HSRs were:

To help prepare workplaces for the Model WHS laws in 2012, the AMWU will be offering one day OHS training for union Delegates on the Model WHS law.

Courses will be offered from July 2011.

In NSW, the AMWU will be providing free training to all manufacturing workplaces regarding the new legislation. The NSW WorkCover funded training will start in July 2011. Contact the NSW, AMWU on the 1800 824 573 workplace health and safety information line for bookings or more information.

The top five are the hazards traditionally associated with the manufacturing industry --- but stress, bullying and harassment are not generally associated with our industries. This is different from the survey results in 2004.

Bullying and harassment were identified by HSRs for themselves and other workers • 1 in 3 HSRs reported being bullied/intimidated by their employer for raising H&S issues • 2 in 5 HSRs reported that workers are being pressured to return to work before they are ready • 1 in 3 reported they had observed or it had been reported to them that workers are intimidated or bullied into not raising health and safety issues.

Everyone has the right to dignity and respect at work --that means work free of intimidation, bullying and harassment See overleaf for more information.