Legislation decrees this and forces employers to develop and uphold policies that support the creation of a safe workplace including the prohibition of unacceptable behaviour. In a vicarious liability case an employer would be liable for the actions of its employees unless it has taken all reasonable steps to prevent such things from happening. There should be consistency of behaviour and there should be consistency in the way the employee is dealt with. This book is a very useful first introduction to Behavioural Safety, and a good reference book for those already involved.Nick Cornwall-Smith, The Safety & Health Practitioner. References to legislation give some legitimacy to a policy. ​Workers are entitled to attend to their tasks in a workplace where the employer has eliminated or, as far as reasonably practicable, minimised the risks to health and safety. This includes bullying and harassment at work, sexual harassment, discrimination in the workplace, those kinds of things that can happen in what would be normally a relatively physically safe environment like an office.. Martin: [00:04:47] Well that's a good question Catherine. The courts expect workplace policies to refer to the legislation because it creates an expectation for employees and that the policies give examples of the kinds of behaviours from employees that could be considered to be unlawful and to at least provide an outline of sanctions should unlawful or inappropriate behaviours occur. they get the job done quicker, they are more comfortable not wearing PPE, etc), whereas 'Safe behavior' is often punishing (e.g. So in circumstances where two employees where one alleges has been sexually harassed perhaps by another employee, the employer themselves could be held liable for the conduct of the other employee and they often are because the employer is the one with the deeper pockets. Strategic Safety Culture Roadmap. The law has developed and continues to develop around recognising that these types of behaviours (bullying and sexual harassment) can cause a risk to health and safety, not only making the job uncomfortable for the targeted employee but bystanders as well. Violence for example, isn’t condoned on the streets yet, in the past it has often been encouraged and applauded on the sporting field. Behaviour based safety observations (BBSO) are an integral part of behaviour based safety programs, which aim to reduce the number of incidents by recognizing safe behaviour, and eliminating the need for unsafe behaviour. With particular expertise in teaching communication and workplace conflict resolution skills, Catherine has made a marked difference to the organisations she has worked with. Catherine: [00:01:39] We've seen over the years the development of legislation in these areas because, my experience shows that traditionally we're not very good at monitoring our own behaviours and knowing what's acceptable and not acceptable in a workplace, and so the development of legislation like anti discrimination acts, Work Health and Safety or OHS, the Fair Work Act, etc. Copyright © 2020 Behavior Based Safety, Behavioral Safety and Safety Leadership. Creating a code of conduct is essential for numerous reasons. Often, however, people do not get hurt when behaving unsafely, which reinforces the very behaviors most likely to hurt them. enquiries@workplaceharmonysolutions.com.au. Martin: [00:01:19] But the law develops over the years and is starting to recognise more and more that those types of behaviours can cause a risk to health and safety, not only making the job uncomfortable for an employee, being harassed by your employer or being bullied by somebody in the workplace, but they also create a health and safety risk as well. Martin: [00:05:12] An employer sets the standard and says this is what is acceptable and is acceptable in the workplace.

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