Friday, October 29, 2010

Anti-Harassment & Bullying: Symptoms & Regulations in the Workplace

Anti-Harassment & Bullying: Symptoms & Regulations in the Workplace

This is a particular area of specialty and interest to me. Many of us have worked in organizations where bullying and even more serious forms of psychological harassment and even abuse have been not only tolerated by employers, but sometimes encouraged, or normalized. This impacts everyone and powerfully contributes to toxic and dysfunctional workplace cultures that have the potential to harm many.

The damage to workers can be profound and it reaches into all area of their lives, leading to significant impact on a victim's global health and even impacts their loved ones and bystanders in the workplace. If it goes on for too long, or to extremes, it can lead to things such as depression and anxiety disorders.

Statistically, the World Health Organization (WHO) reports that there is a loss of $50 billion in the workplace due to mental illness. One might wonder how much of this is related to the circumstances of stress, bullying and psychological harassment in the work environment?

The issues for employees can be so severe and many clinicians are simply unaware of the extent and impacts of these issues. I have made this one of my clinical specialties, offering counselling and consulting services to individuals who have been bullied, harassed, and/or discriminated against in the workplace. I also provide labour relations and workplace consulting and investigations to organizations where these kind of dynamics are at play. These situations are often very complex and sometimes things are not as they appear at first. The person deemed "problem employee" isn't always the person one expects.

One thing I think it is important for employers to understand at this stage of the game is that, whether it's in your labour code, or not, there is a growing body of case law and monetary awards that now clarify employers fiduciary duties to creating a psychologically safe (as well as physically) workplace for all employees. There have been some very, very large awards and important legal judgments for failing to do so.

Some of the symptoms of a toxic and bullying organization:

  • Unhappy, disengaged employees & ongoing poor staff morale;
  • High turnover from specific offices, departments, or the organization generally;
  • The loss of newer and high potential employees, in particular;
  • Frequent turnover of managers, or high level employees;
  • Toxic people - most bullies are well known and can be named by other employees;
  • Toxic cliques - most bullies surround themselves with minions;
  • Organizational efforts go into covering up & pretending there are no problems, over addressing them, often in spite of existing policies and feedback from things like employee engagement surveys;
  • Rapid changes in leadership and direction, or, leaders in "Acting" positions for lengthy periods;
  • Placement of individuals into supervisory, or managerial jobs who are close to upper managers, but not necessarily competent for their new positions over more experienced and competent candidates (Peter Principle);
  • Work performance and other issues of supervisory/managerial people are not addressed and continue to get worse, with greater impacts, while still being ignored;
  • Increases in internal workplace investigations, sometimes even for criminal activities, such as fraud;
  • Times of organizational change, downsizing and job losses are particularly problematic times.
**********************************************
Manitoba announces new regulations against psychological harassment
Canadian Safety Reporter, Oct 22, 2010.

Changes to the Workplace, Safety and Health Regulation will introduce
new requirements to protect workers from psychological harassment in the workplace, Labour and Immigration Minister Jennifer Howard announced today.

"Manitoba now joins other provinces such as Ontario, Saskatchewan and Quebec in requiring employers to provide protection from such harassment," Howard said. "This builds on other measures that protect workers from harassment based on age, race or gender and ensure that workplaces are respectful and safe for everyone."

The amendments are the result of review and consensus by employer and labour representatives on the advisory council on workplace safety and health. Recent studies have shown that about 40 per cent of the workforce has been subjected to harassment or bullying.

New provisions will address psychological harassment, such as intimidation, bullying and humiliation. Normal and reasonable management actions, including discipline, are not defined as psychological harassment.

Employers will be required to put in place measures to prevent harassment and address it if it occurs. Manitoba Labour and Immigration will help develop and implement policies and educate employers and employees on their responsibilities to ensure a respectful and healthy workplace.

Other technical changes respond to a recommendation made following the inquest into the 2002 death of a Manitoba worker at Hudson Bay Mining and Smelting Company and other issues identified by stakeholders. Amendments will provide clear direction to employers and workers on the steps necessary to eliminate or control workplace hazards, strengthen the requirements for the use of personal protective equipment and reflect updated standards, Howard said.

Employers and employees have until Feb. 1, 2011, to become familiar with and comply with updated requirements.

No comments: