Safety Matters - Rail, Tram and Bus Union of NSW

Bullying and the law
There are a range of laws that can be applied, depending on the nature and type
of bullying.
No Australian law specifically defines workplace bullying. However, there are
several laws that make various forms of bullying behaviour unlawful. The
combined effect of these laws means that bullying can be defined as behaviour
that:
• Offends, humiliates or intimidates someone; and
• Could put that person or someone else’s health safety or welfare, including
that person’s psychological welfare, at risk.
SECTION FOUR
Safety Matters A Guide for Workplace OHS Representatives
It is a problem that employers and workers often do not realize that their
behaviour is illegal. Another problem is that the behaviour can sometimes be
difficult to prove.
Occupational health and safety legislation
Under NSW Occupational Health and Safety laws employers must provide
safe workplaces. It is an offence for an employer or a worker to fail to take
reasonable care for the safety of others at the workplace. It also includes the
employer taking practical steps to identify, assess and control reasonably
foreseeable psychological risks.
Clause 9 (2) (b) of the OH&S regulations 2001 requires employers to identify
Psychological Hazards. Clause 11 of the OH&S regulations 2001 requires
employers to eliminate risks arising from hazards.
If these risks are not managed then an employer may have action taken against
them for a breach of the Occupational Health and Safety Regulations.
A psychological injury does not have to occur for an employer to be in breach
of OHS law. Failure to have a safe system of work is enough to be charged and
prosecuted.
One of the objectives of the NSW OHS Act 2000 (Part 1 sec 3c) is to “promote
a safe and healthy environment for people at work that protects them from
injury and illness and that is adapted to their physiological and psychological
needs.”
OHS Factsheets
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RAIL
TRAM AND BUS
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