Minister Tony Killeen Launches the HSA’s “Code of Practice for Employer and Employees on the Prevention and Resolution of Bullying at Work”

On Wednesday, April 4 2007

Last year I requested the Health and Safety Authority to update its existing Code of Practice on the Prevention of Workplace Bullying to bring it in line with the 2005 Safety, Health and Welfare at Work Act, which requires employers to manage work activities in such a way so as to prevent, as far as reasonably practicable, improper conduct or behaviour at work.

This has now been done under the direction of the Board of the Authority. The Code is aimed at preventing and dealing with bullying where it happens in Irish workplaces. It is a Code for both employers and employees.

This Code of Practice comes into effect on 1st May 2007, from which date it replaces the HSA’s 2002 Code of Practice on the Prevention of Workplace Bullying made under the Safety, Health and Welfare at Work Act 1989.

The new Code was completed at the end of a comprehensive consultation process undertaken by the Health and Safety Authority and I would like to take this opportunity to thank all those who made submissions - your input and insight was extremely valuable in helping to shape the new Code.

The Code emphasises that the best place to deal with a complaint of bullying is at the level of the company workplace. This is in line with the recommendation of the Expert Advisory Group on Bullying. A significant element of the Code places an emphasis on the resolution of incidents of bullying using an informal process and professional mediation services.

The Code explains what bullying means and deals with the responsibilities of employers and employees to prevent or resolve it. The Code reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, they ensure that it is included in the safety statement. Among the features of the Code is the setting out of the responsibilities of both employers and employees in preventing bullying.

For the purposes of the Code of Practice as well as recent surveys, carried out by the ESRI, bullying at work is defined as follows:

“…repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but is not considered to be bullying”.

This Code recommends dealing with cases internally through the following processes which are explained in the Code:

• informal resolution by a responsible person
• a formal complaints procedure.

Only if the internal processes fail, should it be necessary to get outside support. In that event the Code states that an appeal should be referred to the Rights Commissioner Service. A further appeal may be made to the Labour Court under the Industrial Relations Acts.

The Code also provides guidance on identifying bullying and gives advice on how to prepare an anti-bullying policy for the workplace.

The Code requires all employees and employers to be vigilant of their own behaviours in order to eradicate bullying, and promotes a systemic and robust method for dealing with cases of bullying as the best way to prevent the behaviour being repeated and reduce the health effects for those who have been bullied.

Research shows that prompt organisational responses are the best way to reduce the negative effects of bullying and with this mind, the new Code of Practice from the Health and Safety Authority will give a more clearly outlined guide for all concerned on the best way to react to a bullying complaint i.e. initially informally, using mediation and problem solving approaches and where this is not effective, applying a formal approach and independent, transparent investigation.

Bullying is a cost for both employers and employees. The cost can be both financial and human. If not sorted out internally, a case could bring an employer before a tribunal, the Labour Court and/or the civil courts. If this destructive behaviour is tolerated and continues, it affects performance and general health and wellbeing of individuals and/or groups. The negative effects can last a long time.

ENDS / LA233A