Safety Matters - Rail, Tram and Bus Union of NSW

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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 80 RAIL TRAM AND BUS U N I O N
Workers compensation legislation If you are being bullied or harassed at work, you may suffer physical or psychological injury such as a stress related illness. If you become unwell as a result of inappropriate management action, you may be able to make a claim under the NSW Workers Compensation and Injury Management Act 2000. Under workers compensation laws, psychological injury can be compensated if work contributes to the injury or aggravates an existing injury. The workplace does not have to be the dominant or the only cause, but it must be a substantial cause of the injury. See the Fact Sheets on Workers Compensation for more information. Discrimination If you are being bullied or harassed on the basis of your race, sex, pregnancy, marital status, religious belief, homosexuality, disability, union membership or a range of other things covered by antidiscrimination law you could take legal action on the basis of discrimination in the workplace. If workers believe that they are being harassed because of their gender, sexual preference, race, or disability other legislation that may be relevant includes: • Human Rights and Equal Opportunity Commission Act 1986, which prohibits workplace harassment on the following grounds: Political opinion, social origin, medical record, criminal record, trade union activity and religion. • Racial Discrimination Act 1975, which prohibits workplace harassment on the following grounds: Race, colour and nationality. • Sex discrimination Act 1984, which prohibits workplace harassment on the following grounds: Sex, marital status and pregnancy. • Disability Discrimination Act 1992, which prohibits workplace harassment on the following grounds: Disability and impairment. Investigations into complaints made under these acts are conducted by the Human Rights and Equal Opportunity Commission (HREOC). Safety Matters A Guide for Workplace OHS Representatives SECTION FOUR RAIL TRAM AND BUS 81 OHS Factsheets U N I O N
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RAIL TRAM AND BUS U N I O N Safety
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The material and information contai
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Safety Matters: A Guide for Workpla
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Whats in the Safety Matters Guide?
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How Does Your Company Rate on Healt
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OHS Management Safety, Health and E
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BACK TO FRONT PAGE CONTENTS Defi ni
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Defi ning Workplace Health and Safe
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3. Legal: There are penalties for f
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Importance of Workplace Health and
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• Provision of adequate informati
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Transport and Storage - General Aus
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Types of Rail Accidents Derailments
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Legal Requirements NSW OHS Act 2000
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• clearly state the criteria and
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Industry Codes of Practice Part 4,
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Guidance Notes Guidance notes are e
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SECTION TWO Monitoring OHS Programs
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A Guide to OHS Responsibilities Saf
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Safe systems of work The way in whi
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Workplace Violence towards Bus Driv
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Similar responsibilities are requir
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Responsibilities of Directors and M
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A Guide to Systematic Management of
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The report also identified ‘human
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Employer Commitment and Policy An o
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3. Specify objectives or performanc
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the organisation expects of everyon
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c) EMPLOYEES All employees are requ
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• a workplace that is without ris
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The OHS Committee/OHS Representativ
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A Guide to Consultation and OHS Leg
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OHS Consultation Code of Practice T
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Table 1: Effective and Ineffective
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OHS Consultation Checklist Safety,
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A Guide to Risk Management Safety M
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Undertaking OHS Risk Management To
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Incident/accident investigations Ma
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The overall level of risk increases
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need to be translated into a multi-
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For example, if a train is operatin
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Risk Management Procedures Checklis
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A Guide to Roles and Powers of Unio
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The Workplace Representative and th
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30 Additional functions of OHS comm
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• to ensure that employees partic
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Relations Act 1996 and produces the
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OHS Representatives Checklist Safet
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A Guide to Safe Work Practices Safe
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Figure 1: Three Stages to Safe Work
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Answering No to any of the followin
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Work Environment Factors in the wor
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A Guide to Conducting Workplace OHS
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Safety issues can often be identifi
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Preparing and Presenting a Workplac
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Sample Workplace Inspection Checkli
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Adequate work space around machine
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BACK TO MAIN PAGE CONTENTS What is
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• Damage to clothing and artifici
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Employer Responsibilities Under The
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Important note An employer who dism
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Once the insurance company has prov
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What the insurance company must do
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The purpose of making provisional p
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Payments to Injured Workers NSW wor
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Total incapacity First 26 weeks of
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No Suitable Duties If no suitable d
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Case Study Ahmed is a Workshop Main
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Injury Management is a System Injur
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• A plant operator with a broken
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Injury Management Flow Chart 1. Rep
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Summary of Frequently asked Workers
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What does it cost? If you are a mem
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SECTION FOUR OHS Factsheets BACK TO
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RTBU OHS Fact Sheet 1: Accident and
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The employer must provide the name
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Accident and injury notifi cation -
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Employees’ rights and responsibil
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Steps in Employee Injury Notifi cat
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Control of workplace hazardous subs
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Pumping concrete codes of practice
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RTBU OHS Fact Sheet 3: General Work
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The washing facility should be prot
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Dining areas: Making them appropria
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Some employees may have different n
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Toilet requirements in different ty
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foundry work or fire fighting), or
Page 175 and 176: OHS General Amenities Checklist Saf
Page 177 and 178: RTBU OHS Fact Sheet 4: Amenities-Ac
Page 179 and 180: • Barracks are to have fully equi
Page 181 and 182: Minimum standards - motels / apartm
Page 183 and 184: Radio Alarm Clock • Must be in al
Page 185 and 186: Accommodation Inspection Checklist
Page 187 and 188: Accommodation Inspection Checklist
Page 189 and 190: RTBU OHS Fact Sheet 5: Cash Handlin
Page 191 and 192: Please note that each workplace has
Page 193 and 194: Making a workers compensation claim
Page 195 and 196: • Fit bullet resistant barriers o
Page 197 and 198: • Wear conservative clothes (such
Page 199 and 200: Safer Work Practices Safety, Health
Page 201 and 202: RTBU OHS Fact Sheet 6: Drug and Alc
Page 203 and 204: Operator programs Operators must ta
Page 205 and 206: as a control for the risks posed by
Page 207 and 208: OHS Drug & Alcohol Checklist Safety
Page 209 and 210: Operators have a responsibility to
Page 211 and 212: State Governments • New South Wal
Page 213 and 214: The NSW OHS Regulation 2001 -Clause
Page 215 and 216: Safety Equipment There are regulati
Page 217 and 218: Hazard Classifi cation and Control
Page 219 and 220: If there is a danger of cuts or exp
Page 221 and 222: Hazardous Substances Checklist Trai
Page 223 and 224: RTBU OHS Fact Sheet 9: Bullying and
Page 225: • Loss of concentration • Loss
Page 229 and 230: Civil claim for damages Workplace b
Page 231 and 232: Prevention of workplace bullying Bu
Page 233 and 234: Resolving or investigating complain
Page 235 and 236: There are some circumstances where
Page 237 and 238: processes, from senior management f
Page 239 and 240: Enterprise bargaining agreement Wor
Page 241: not exhaustive and you may need to
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Safety Matters - Rail, Tram and Bus Union of NSW

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