Under the Safety, Health and Welfare at Work Act 2005 every employer has a duty, to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees and to manage and conduct work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare of their employees at work at risk. The provisions in this Act do not specifically identify all possible workplace hazards as to do so would be impractical. However, the Act requires employers, where they know of, or can reasonably be expected to know of, a workplace hazard that is impacting on the safety, health or welfare of an employee or group of employees, to act reasonably in terms of assessing the risk, and putting in place control measures.
Under section 19 of the Act an employer is required to carry out and maintain a written risk assessment to identify all potential hazards that may occur in a workplace under their control. Under section 20 the employer is required to ensure that all identified potential hazards and all protective and preventative measures taken are recorded in their safety statement. This statement also identifies the duties of employees in respect to the safety, health and welfare of all persons within the workplace.
Similarly, the 2005 Act also places obligations on employees in relation to their duties not to engage in improper conduct or behaviour likely to endanger their own safety, health and welfare at work or that of any other person.
Under the 2005 Act, the Health and Safety Authority (HSA) has published a Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work, and this is aimed at preventing and dealing with all bullying where it happens in Irish workplaces.
The Code of Practice defines bullying as repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.
The Code also reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, they ensure that it is included in the safety statement. The Code gives guidance on how to identify and assess if bullying is a hazard at work as well as on how to prepare a Bullying Prevention Policy.
The purpose of an effective policy is not simply to prevent improper conduct and behaviour but also to encourage best practice and a safe and harmonious workplace where such behaviour is unlikely to occur. Employers should therefore adopt, implement and monitor a comprehensive, effective and accessible policy on bullying, at work. This would include cyber-bullying.
The Code of Practice also states that the scope of an employer’s Bullying Prevention Policy should state that the protection of the policy should extend beyond the place of work to off-site work activities and to work-related social events.
The Safety, Health and Welfare at Work Act 2005 and Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work state the clear requirements for all employers to have a stated, clear and enforceable policy and procedures which they consistently apply, regarding the access to, use of, and penalties for mis-use of, company property including computers and the software systems used whilst employees are working or in the course of employment. All employees should be made aware of these requirements, and sign off on the duties which they must uphold.
The role of the HSA under the Code is to monitor if employers and employees are meeting their obligations and duty of care under the 2005 Act. The Code of Practice is available for free download at www.hsa.ie.
I am satisfied that the Safety, Health and Welfare at Work Act 2005 in addition to the Health and Safety Authority’s Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work provide a robust regime to protect employees from bullying, including cyber bullying, in the workplace. Consequently I have no plans for legislative change in this area at present.
