Occupational Violence and Aggression is Never 'Just Part Of The Job'.

admin • January 6, 2025

Occupational Violence and Aggression. 

Occupational violence and aggression (OVA) is when a person is abused, threatened or assaulted in a situation which is related to their work. It may come from internally (co-workers) or externally (clients, patients, customers or the public). 

It may include verbal abuse, physical intimidation, physical violence, or threats of violence.  It can occur in person, over the phone or even online. There is a broad spectrum of severity, but all can impact the workers mental and physical safety. 

Violence at work is a major health and safety issue and is particularly prevalent in some industries but can occur in any industry. 

 

What do you do about it? 

Like with any other hazard, the employer has a duty und the Victorian Occupational Health and Safety Act (2004) to provide and maintain for employees, as far as is practicable, a working environment that is safe and without risks to health.  

OVA should be treated like any other OHS hazard and includes looking at and addressing root causes and contributing factors. It can be prevented in many cases and can be minimised in others. 

The principles of risk management apply to OVA too: 

  • Identify the hazards 
  • Assess the risks 
  • Implement controls 
  • Review the effectiveness of the controls 
  • Consultation must occur throughout the process 


Make sure that all incidents are being reported. If an incident does occur, then the worker must be supported, but we must not stop here. We must learn from the failure by investigating the incident and working to prevent it from happening again. 

 

When addressing the risk of OVA in a workplace, think about systems and controls which may be effective in the context of your industry and workplace. These might include: 

  • Security – this may include security guards, CCTV and duress alarms. 
  • Hazard identification and risk assessment procedures specifically for OV risks – this may involve assessing any OV risk posed by a patient, client, customer, etc. For example in historical records, or by observing their behaviour on entry to the workplace.  
  • Systems of record-keeping which include a process for recording around the risk of OV. 
  • Reporting processes for incidents of OV. 
  • Processes for following up on incident reports – including investigations to explore the root cause, with actions taken to prevent recurrence. 
  • Workplace design – for example screens, eliminating blind corners and isolated locations, lighting, etc.   
  • Protocols to eliminate known high-risk situations eg: sole charge, night-time, isolation, etc. 
  • Education and training – eg: de-escalation technique training, processes for calling for back-up, etc. Ensure that the workers know what the safety protocols are and how to use them.
  • Policies and procedures which are practical and apply to the context of the workplace.
  • Provide post-incident support – immediate follow up and support tailored to the individual’s needs.
  • Actively promote a culture which empowers staff to expect a safe workplace.

 

When working towards tackling violence and aggression as an OHS issue, it is integral that the employer and the employees believe that they have the right to expect a physically and mentally safe workplace. This means promoting a culture in the workplace that does not accept violence and aggression.  

Violence and aggression are never just ‘just part of the job’. 

Protection for employees who SPEAK UP about safety

By admin • April 1, 2025
It is illegal to dismiss in employee or to discriminate against an employee if they have raised an OHS issue or concern . This is covered under Section 76 of The Occupational Health and Safety Act 2004 (The Act). This means that employees can and should raise concerns about both within and, if necessary, outside their organisation. What does discrimination mean this context? Discrimination against a person for raising an OHS issue can include: Dismissal Injury Alteration of an employee’s position, to their detriment Refusal of employment of a prospective employee or less favourable treatment of them Noting that the discrimination must have arisen due to the raising of an OHS concern as the dominant factor. The Act says that employees cannot be dismissed from employment or discriminated against if they: Are an HSR or deputy HSR (dHSR) Are a member of a Health and Safe Committee If, as an HSR, dHSR or HSC member, they exercise their powers If they are an employee who has assisted or given information to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member If they are a prospective employee who raises or has raised an issue or concern about health and safety to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member In short, any employee or prospective employee is protected under this part of The Act. Further strengthening the law is the fact that the accused bears the onus of proof (Section 77 of the OHS Act) . This means that the employer is considered to have broken the law unless they can prove that they did not dismiss or discriminate on the basis of the person raising a health and safety issue - with this being the dominant issue. If found guilty, the offence carries significant penalties under The Act . The intent of the legislation is to ensure that employees can SPEAK UP about health and safety issues, without fear of retribution. Remember, The Law states that you can speak up and protects you against discrimination.  For more information on this topic: Discrimination for OHS reasons - OHS Reps Discrimination on health and safety grounds | WorkSafe Victoria If you need help, don’t hesitate to call BeSafe on 0467 002 060 or email us on admin@besafevictoria.com.au

Reasonably Practicable?

By admin • March 25, 2025
The Victorian Occupational Health and Safety Act 2004 requires that the employer has a duty to ensure a healthy and safe workplace. This duty must be met as far as reasonably practicable. But what does this actually mean? The following must be considered when determining what is reasonably practicable: (according to section 20(2) of The Act): (a) The likelihood the hazard or risk concerned eventuating; (b) The degree of harm that would result if the hazard eventuated; (c) What the person concerned knows, or ought to reasonably know, about the hazard or risk; (d) The availability and suitability of ways to eliminate or reduce the hazard or risk; (e) The cost of eliminating or reducing the hazard or risk. This is often an area of confusion – primarily because the test for what is ‘reasonably practicable’ is in fact objective. When we consider this, it is best to look to WorkSafe for guidance. WorkSafe Victoria provides some clarification in their Position Statement on the matter: ‘a person is to be judged by the standard of behaviour expected of a reasonable person in the duty-holder’s position who is required to comply with the same duty and is: • Committed to providing the highest level of protection for people against risks to their health and safety. • Proactive in taking measures to protect the health and safety of people.’ - WorkSafe position statement - reasonably practicable There must be a weighing up of each of the 5 points listed under section 20(2) of The Act (above), but with a clear presumption in favour of safety. This means that the likelihood of harm occurring, and the seriousness of the potential outcome, must be the most important factor. The cost must be considered to be the least important factor when deciding what is reasonably practicable. ‘If the degree of harm is significant, e.g. death or serious injury is highly likely, then it is extremely unlikely that the cost of eliminating or reducing the risk would ever be so disproportionate to the risk to justify a decision not to implement an available and suitable control measure.’ - WorkSafe position statement - reasonably practicable When considering what the person concerned should reasonably know about eliminating the hazard, the state of knowledge regarding hazards and controls must be considered and this must be applied in line with the ranking under the hierarchy of control. The definition of what is ‘reasonably practicable’ is often one which causes some contention. It is important to go back to the WorkSafe position statement to make sure that you are making decisions in line with the intentions of The Act . Of course, it is always required that the highest level of protection from a hazard is provided in order to ensure a safe workplace. To read more about this: How WorkSafe applies the law in relation to Reasonably Practicable | WorkSafe Victoria
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