THE BULLY-FREE WORKPLACE has its basis in the Memorandum of Understanding on a more Inclusive Working Life, which involves collaboration between the Norwegian Government and the social partners; the major labour unions and employers organisations, in Norway. The project is being run under the auspices of the Norwegian Labour Inspection Authority. Working together to stop bullying at the workplace THE BULLY-FREE WORKPLACE This document describes how bullying should be prevented and dealt within individual organisations. The description has been prepared in a cooperation between the Norwegian Government and the social partners in Norway with a basis in the Memorandum of Understanding on a more Inclusive Working Life and the Plan of Action for Combating Bullying. The intention of the initiative THE BULLY-FREE WORKPLACE is to help prevent workplace bullying by raising the consciousness of employers and employees at individual workplaces and making them aware of their responsibilities. The parties to the Memorandum of Understanding on a more Inclusive Working Life expect the initiative to help create sound and inclusive workplaces. What is bullying? Bullying is the repeated subjection of another person to negative acts over a period of time. This may involve harassment, torment, ostracism, hurtful teasing, exclusion, withdrawal of responsibilities and the like. It is typical for the situation that victims are unable to defend themselves. Bullying may manifest itself as: Direct acts in the form of verbal abuse, jokes, threats, sexual harassment or underestimation of professional input and qualifications as well as other verbal or physical acts. Indirect acts, such as ostracism, social isolation, exclusion, withholding of information and surreptitious acts, such as slander and gossip. The acts that constitute bullying may be experienced by most employees at one time or another. As isolated acts, they may be rather unpleasant, but relatively harmless, and something that one Working together to stop bullying at the workplace Page 1 of 5
must be prepared to experience from time to time. Conflicts between peers should not be regarded as bullying. However, in some cases it may be difficult to determine whether what is taking place is a conflict between peers or bullying. What is stated in the Working Environment Act? The purpose of the Working Environment Act is to safeguard employees against harmful physical and mental influences, foster inclusive working conditions and provide a basis whereby the employer and the employees of organisations may themselves safeguard and develop their working environment, cf. section 1-1 of the Working Environment Act. The Working Environment Act also contains provisions concerning protection against improper conduct and preserving of the employees dignity and integrity, cf. sections 4-3 (3) and 4-3 (1) of the Working Environment Act. Responsibility and roles The parties; the employers, employees, safety and working environment representatives, at a workplace have different roles and thus different responsibility as regards bullying issues. However, both the Working Environment Act and the basic agreements between the parties draw attention to the need for participation and cooperation in attaining a sound working environment. The employer is expected to ensure that work is organized and managed in such a way that the employees are not subjected to undesirable physical or mental strain. The employer is required to implement necessary measures to prevent and deal with bullying at the workplace, cf. section 2-1 of the Working Environment Act. Employees charged with supervising other employees are expected to ensure that due regard is taken of HSE when work that falls under their areas of responsibility is being carried out, cf. section 2-3 (3) of the Working Environment Act. The employees representatives safeguard the members statutory interests. The employees representatives are important partners for the employers in the systematic work on preventing and dealing with bullying. The employees representatives are able to discuss and negotiate such matters with the employers in accordance with the provisions of the basic agreements. The safety representative is the employees spokesman on working environment matters. The safety representative is responsible for ensuring that matters concerning bullying are raised with the employer. The safety representative is to be consulted in connection with the planning and implementation of measures of significance to Working together to stop bullying at the workplace Page 2 of 5
the working environment, cf. sections 6-2 (1) (c) and 6-2 (2) of the Working Environment Act. The working environment committee is responsible for ensuring that the employer follows up a report concerning bullying and may decide that necessary investigations shall be conducted, cf. section 7-3 (4) of the Working Environment Act. The employee is to ensure that the employer or the safety representative is notified if he or she becomes aware of harassment or discrimination at the workplace. Employees are also obliged to cooperate on implementation of measures to create a satisfactory and safe working environment. Cf. sections 2-3 (1) and 2-3 (2) (d) of the Working Environment Act. Combating bullying in organisations Efforts to combat bullying are to be part of the systematic health, safety and environment work in the undertaking. It is important to develop routines that provide a basis for an inclusive working environment and that foster a corporate culture that discourages bullying. This work must be carried out on three levels: 1. Prevention, in order to reduce the likelihood of the problem arising 2. Handling, in order to stop any bullying that occurs 3. Follow-up, in order to learn from the situation and implement corrective measures so as to prevent recurrence Prevention of bullying involves organizing and managing the undertaking so as to give the employees a feeling of security by providing predictability, social ties, co-determination, coping potential, meaningful work and secure employment conditions. It is necessary that the management makes it clear that bullying is not accepted. Prevention of bullying shall be part of the undertaking s systematic HSE work, including surveys, risk assessments and plans of action. A procedure shall be created clarifying who has responsibility and how bullying shall be reported and dealt with in the undertaking. Taking action and follow-up: Taking action involves clarifying the course of events in the particular complaint. It is important that a complaint concerning bullying is dealt with as early as possible so that the situation does not become deadlocked. Working together to stop bullying at the workplace Page 3 of 5
It is also necessary to analyse the working environment with a view to understanding how this could arise and why it has been able to continue for some time without anyone reacting. Measures are directed at those involved in the claim and at improvements in the working environment. It may be necessary to implement measures regardless of whether or not bullying has taken place. Is there a need for external assistance? A person who has been subjected to bullying should be offered a consultation with a health professional. Where can information be found? Internet: The project JOBBING UTEN MOBBING (THE BULLY-FREE WORKPLACE) has its own website, www.jobbingutenmobbing.no, where information and guidance will be made continuously available. Other useful websites are www.idebanken.org and www.arbeidstilsynet.no HSE training: A number of institutions involved in HSE training offer courses on bullying. Who provides assistance? The following bodies provide systematic information and guidance on how such matters can be dealt with in organisations. When necessary, two or more of them can collaborate. The National Institute of Occupational health: A research institute contributing to the increased knowledge and practical applications based on biomedical and natural sciences. http://www.stami.no The national register of occupational health services in Norway. http://apps.didac.no/bht/ tel. 23 19 51 00 NAV, The Norwegian Labour and Welfare Organisation, Working Life Centres: www.nav.no tel. 810 33 810 (NAV help line) Norwegian Labour Inspection Authority: www.arbeidstilsynet.no tel. 815 48 222 Confederation of Norwegian Business and Industry Federation of Norwegian Commercial and Service Enterprises Spekter: Norwegian Association of Local and Regional Authorities Employers Association Government as an employer, represented by the Minister of Government Administration and Reform Working together to stop bullying at the workplace Page 4 of 5
Norwegian Confederation of Trade Unions Confederation of Vocational Unions Confederation of Unions for Professionals (Unio) Federation of Norwegian Professional Associations Labour and Welfare Organisation (NAV) Norwegian Labour Inspection Authority Working together to stop bullying at the workplace Page 5 of 5