The Distinction Between Workplace Bullying and Workplace Violence and the Ramifications for Occupational Health and Safety

DISCUSSION PAPER

The Distinction Between Workplace Bullying and
Workplace Violence and the Ramifications for
Occupational Health and Safety


Abstract

As occupational health and safety issues of concern, workplace bullying and violence are gaining
increased attention in Australia and at an international level.

In Australian industrial and employment arenas however, confusion is evident over the application and
definition of each concept. This paper argues that workplace violence and workplace bullying are in fact
discrete phenomena and consequently have different implications for occupational health and safety
management and prevention. Preventative strategies are suggested for dealing with both problems. But
such strategies will be more effective when systemic forms of workplace bullying and workplace bullying
are addressed.

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The distinction between workplace bullying and workplace violence

In the Australian context two terms are currently being used and confused, for differing workplace
phenomena. The terms are workplace bullying which originates from Europe, and workplace violence,
which originates from the United States. Confusion is evident in the media and from professionals
working in industrial and occupational health and safety fields. The confusion surrounding definition and
usage of the two terms is understandable as research and discussion of these issues is relatively new to
Australia.

The Victorian WorkCover Authority's (WorkCover) recent campaign against workplace bullying
exemplifies the current confusion over terminology. Their campaign slogan states 'workplace bullies will
be prosecuted - and so can their employers’.1 In WorkCover's widespread television, print media and
billboard advertising campaign, two workers are depicted setting fire to a toilet cubicle containing a co-
worker. This dramatised incident has obvious criminal implications, that is, by recklessly causing serious
injury and conduct endangering life.2 Interestingly, WorkCover describe the act as 'bullying'. As will be
evidenced by the discussion in the next section of this paper, WorkCover's example conforms more to the
conceptual framework of workplace violence, than that of workplace bullying.

It is essential that employers, unions, and health and safety inspectors, or specialists, understand and learn
to distinguish the differences between workplace bullying and workplace violence. An awareness of the
key elements of each will enable such professionals to implement policy and prevention strategies and to
respond appropriately if or when problems arise within workplaces for which they have responsibility.
The next section of this paper outlines the key elements that make a situation workplace bullying or
workplace violence.


Workplace Bullying

Workplace bullying as a concept deals with internal conflicts between employees, including managers
and supervisors, and is located within an organisation. Workplace bullying relies on evidence of
persistent and repeated aggressive behaviours, which after a time cause victimisation to the recipient of
the bullying.3,4,5 Workplace bullying according to Einarsen4 is either dispute related, arising put of an
initial or ongoing conflict; or predatory, where a victim may be an unprovocative and opportunistic target,
but can also be a combination of the two. Further, bullying is a process that escalates in severity over
time.

Additionally, some debate about whether victims of workplace bullying are in some way complicit or
induce the bullying situation exists.4,5 There is also a school of thought that some personality types,
those with less resilient psyches than the norm, are more likely to be affected or intensely victimised by
workplace bullying.4

Behaviours that are motivated by discrimination are placed outside the definition of workplace bullying
favoured by European researchers. Their concept of workplace bullying excludes those who are able to
seek a remedy or intervention, through anti-discrimination or equal opportunity laws. Australian studies
of workplace bullying tend to concur with this view.6,7

Studies of bullying in Australian workplaces are limited. Those that have been undertaken have
measured various forms of oppressive behaviour. Australian researchers have looked at experiences such
as: criticism of work performance; unfair treatment in relation to the allocation of work entitlements (such
as the refusal of a reasonable application for annual leave). Other experiences include the denial of access
to information which is essential for effective work performance, increased or pervasive scrutiny of work
performance, and unfair complaints to management).6,7 Workplace bullying, however, should not be
confused with the legitimate exercise of managerial authority.

In the Australian context, victims of workplace bullying have limited avenues to obtain legal redress.
Spry8 recently discussed two Comcare (the Commonwealth workers' compensation scheme) cases9
which attracted favourable decisions for people who experienced treatment that would fall within the
above explanation of workplace bullying. Sheehan also outlines some outcomes from recent cases in
Australia.10 Such cases remain exceptions.

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In essence, workplace bullying is a repeated pattern of aggressive behaviour that escalates over time and
causes victimisation in the subject who is unable to defend himself or herself. The victim knows the
bully and the bullying occurs within an organisation. It is not unlawful discrimination and victims are
unlikely to have access to straightforward legal remedy.


Workplace Violence

In contrast, workplace violence deals with a broad range of behaviours and circumstances that can be
present both inside and outside the workplace. Unlike workplace bullying, workplace violence can be a
single opportunistic incident. It could also be ongoing, random, persistent, or premeditated behaviour.
Violence can be from an internal or external source and an assailant or perpetrator may be known or not
known to the victim or victims.11

The term workplace violence is derived from the United States where it has been used to describe: abuse,
threats, rape, assault or murder of employees by members of the public, disgruntled ex-employees or
service users.12 In an Australian context, this particular form of workplace violence is prevalent in the
education, health and community services industries. It is also common, according to a recent
International Labour Organisation report into workplace violence, in industries where people work alone
and handle cash such as taxi drivers, service station attendants and late night retail outlet operators.13
This form of workplace violence comes exclusively from a source that is external to the workplace.
The concept of workplace violence also includes internal forms of abuse, aggression or harassment,
directed at workers by supervisors, managers, business owners or other workers. Particular forms of
workplace violence, especially stalking and sexual harassment, usually manifest as patterns over time
and, in common with workplace bullying, escalate in severity.14 Violence such as threats, assaults and
abuse are not legitimate managerial tools, and contrast markedly with the behaviours that fall within the
framework of workplace bullying.

In order to describe the essential elements of workplace violence, Mullen14 developed three typologies.
The first is intra-organisational conflict, which is conflict between workers located within the work
setting. The second is occupational violence, which is violence directed at workers and brought about by
factors intrinsic to their employment. The third is violence from the general public which is violence that
can be motivated by gain, and where targets of the violence are often opportunistic to the perpetrator.


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In Australia, legal redress for victims of workplace violence may be obtained on a number of levels:

•
victims may take action for unfair or constructive dismissal;
•
claims for crime compensation may be lodged and criminal prosecution of perpetrators by the police
may be instigated;
•
health and safety authorities may prosecute employers and/or others;
•
victims may lodge claims for worker's compensation or take action for unlawful discrimination, and
where possible, may also lodge common law claims for negligence, breach of statutory duty or
actions in tort.

There is, hoever, an exception. In Victoria, workers injured on, or after 12 November 1997 cannot “in
proceedings commenced in respect of the injury or otherwise, recover any damages of any kind”.15

In summary, workplace violence does not have to be repeated behaviour. Rather, it has a range of
dynamics and permutations that may involve internal or external aggressors, who themselves may be
known or unknown to the victim. Essentially workplace violence is "... physical assault, threatening
behaviour or verbal abuse, and racial and sexual harassment occurring in a work setting".16


Occupational Health and Safety Ramifications

Evidence from overseas and emerging Australian studies, indicates that a significant proportion of
employees are likely to experience workplace bullying or workplace violence sometime in their working
lives.3,5 A recent Morgan Poll found that 46% of Australians have been verbally or physically abused by
someone with whom they work.17 Workplace bullying and workplace violence do occur in Australian
workplaces. Accepting that such behaviours occur is a significant starting point for dealing with them as
workplace problems. The implications for intervention or preventative strategies for workplace bullying
and workplace violence may be different, but it is clear that both fall within the occupational health and
safety schema.

The preventive strategies suggested for workplace bullying in an Australian context follow a process, the
stages of which can include: the development and implementation of anti-bullying policies, including the
establishment of standards of behaviour within workplaces.7 Legislative codification of bullying as an
offence akin to sexual or racial harassment could also be included.7 Other strategies include increasing
the awareness of bullying as a problem through information and training sessions, providing victims with
support,6 the use of internal dispute resolution procedures,7 and 'soft skill' or 'people skill' development
for managers.10

Current prevention strategies for dealing with some forms of workplace violence look at predicting which
individuals may become violent and identifying the risk factors that may contribute to violence.18
Others deal with the forms of harm reduction relevant to health and community service workers such as
not carrying drugs or money; using personal alarms; and improved lighting. Some promote the use of
Employee Assistance Programs (EAP)19 and Critical Incident Stress Debriefing (CISD) programs.

These strategies could be seen as a 'piecemeal' approach because they concentrate on the individual
psychological or physical elements that may contribute to violence, but fail to address structural factors
which may contribute to internal manifestations of workplace violence. Most preventative strategies for
workplace violence focus on the second and third of Mullen's typologies, namely occupational violence
and violence from the general public. Further work needs to be done on developing appropriate
preventative strategies to deal with the forms of intra-organisational violence.14

As a starting point, some strategies used for dealing with workplace bullying could be adapted for the
prevention of workplace violence. We learn from overseas experience in dealing with workplace
bullying that the following tactics have achieved some success:: thorough investigation of
incidents/allegations; treating people fairly by not being overly punitive; educating employees about anti-
bullying policy; informing employees certain behaviours will not be tolerated; and providing employees
with contact points for assistance.4,5 All of these strategies could be adapted for dealing with intra-

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organisational workplace violence. In some serious cases however, internal mechanisms may not be
suitable and intervention may require the involvement of police.

There are also considerations that need to be taken into account regarding the size of organisations.
Workplace bullying and workplace violence prevention strategies that involve the use of external
consultants, EAP or CISD systems can be costly. Large employers usually have more financial resources
and expert professionals such as human resource or personnel officers, and health and safety officers.
Large organisations may also be a member of an employers' association. Resources from these arenas
may be devoted to occupational health and safety issues within their workplaces.

There is a very real need however, to develop practical strategies to assist smaller organisations and
businesses with limited financial and personnel resources to deal with these issues in their workplaces.
This need is highly significant. Research the author is currently undertaking indicates that intra-
organisational workplace violence is more likely to occur in small workplaces, that is a workplace with
less than twenty employees.20


Systemic forms of workplace bullying and workplace violence

In addressing the issue of preventing both workplace bullying and workplace violence, it is essential not
to overlook the problems posed by systemic manifestations. Research indicates that systemic forms of
workplace bullying exist within the fire fighting services of the United Kingdom, the Irish Republic and
The United States.21 Examples of systemic workplace violence are apprentice initiation or
'bastardisation' and the kinds of institutional workplace violence made apparent in a recent Australian
defence force inquiry.22

Furthermore, well publicised cases of apprentices experiencing 'initiation rites' or bastardisation, have
recently captured the attention of the media and the Australian public. Job Watch has considerable
experience in dealing with such cases after providing numbers of apprentices with legal advice and
assistance. Addressing this problem, which appears to occur across industries and apprenticeships, but is
usually located in small workplaces, means achieving a workplace culture change.

Forms of systemic workplace bullying or violence are often inflicted and perpetuated by those who have
themselves experienced similar treatment as 'initiation' or 'indoctrination' rites. Dealing with this specific
problem requires the breaking down of existing workplace cultures to prevent their persistence.
Achieving culture shifts within organisations is not a quick fix situation, but rather requires a long term
process and strategy.


Conclusion

Due to the relatively new acceptance of workplace bullying and workplace violence as problems facing
Australian employees and employers, the efficacy of intervention and preventative programs in
Australian workplaces is yet to be measured. This paper is designed to be an overview of the key issues
and problems relating to workplace bullying and workplace violence within the Australian health and
safety context. Further work clearly needs to be done in a number of areas. Strategies to deal with intra-
organisational workplace bullying and violence need to be developed and implemented. People need to
be aware of the differences between workplace bullying and workplace violence. Workplace cultures that
allow systemic forms of bullying and violence to continue require change. Finally, where prevention
programs are implemented, they need to be evaluated.




Acknowledgement

The author would like to acknowledge that the work undertaken to produce this paper was generously
funded by the Ronald Henderson Research Foundation.



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