massachusetts healthy workplace bill
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There’s Gonna Be A Law!
Workplace Bullying
The Campaign to Enact the anti-bullying
WBI DefinitionWork•place Bul•ly•ing n
verbal abuse, or
threats, intimidation, humiliation, or
work interference, sabotage, or
exploitation of a known vulnerability, or
a combination of any
repeated, health-harming mistreatment by one or more people of an employee by:
2010U.S. Workplace Bullying Survey
THE SECOND RESPRESENTATIVE STUDY OF ALL ADULT AMERICANS
U.S. Prevalence
50% No Experience
9%
Current
15%
Witnessed Only
26%Been Bullied
WBI U.S. Natl2010
WBI U.S. Natl2010
Bullying of Men & Women by Women & Men
38%
62%
WBI U.S. Natl2010
Bullying Worsens in Tough Times
27 %
MORE
Abusive
67 %Unchanged
5 %Less
WBISummer 2009
It’s True -- Most Bullies Are Bosses
Bosses72%
CWs18%
Bottom Up10%
WBI U.S. Natl2007
Who Is Targeted?
WBI U.S. Natl2007
$$$ Impact on Organizations
Tangible Employer Costs
Turnover and Replacement Costs
Absenteeism, Presenteeism
Fatigue-Caused Errors & Accidents
Fouled Team Productivity
Litigation/Arbitration/Settlement Expenses
Workers Comp / Disability
Estimating Employer Costs
✦ 9% of workforce is currently bullied
✦ 66% of women targets lose jobs
✦ Bullying accounts for 6% preventable
workforce loss
✦ Replacement = 2 x salary
✦ To replace a $50,000 salaried worker costs
$100,000
✦ Assume a staff of 100 at that pay rate
✦ Due to bullying, 6 people are lost
✦ Cost to replace is $600,000
✦ Is this an affordable cost?
BULLIES ARE
TOO EXPENSIVE
TO KEEP!
A rational, evidence/data-based truth
U.S. Employers’ Response to Bullying
Employers Mostly Ignore It
18%
44%32%
Made W orse Did Nothing Helped/Tried
WBI U.S. Natl2007
Bullies Bully with Impunity
No consequences54%
Rewarded28%
Investigated14%
Punished/Terminated 4%
WBILabor Day 2009
The Comprehensive Programto Prevent & Correct Workplace Bullying
• Assess Pre-Change Prevalence
• Collaboratively Create an Anti-Bullying Policy
• Design Enforcement Procedures applicable to all
• Train a Peer Expert Team
• Educate everyone -- Board to Temps
• Incorporation, Integration & Impact Evaluation
© 2010 Work Doctor®, Inc.
There OughtaBe a Law!
Laws Dictate Compliance
Laws
POLICIES
ENFORCEMENT
Prevention &Correction
Current Anti-Bullying Laws
✦ Sweden: Victimisation At Work, 1994
✦ France: Modernisation At Work, 2002
✦ UK: Harassment (’97) & UN-HR Covenants
✦ Australia: 1997 onward
✦ Canada: Quebec (’04), Sask (’07), Federal (’08), Ontario (’10), Manitoba (’11)
✦ Victoria, Australia -- CRIMINAL (’11)
✦ U.S.: nothing, 0, zip, nada
Support
64%
Support for a Law?
Oppose
24%No Opinion
12%
WBI U.S. Natl2010
Introduced in 21 States since 2003
The U.S. Anti-Bullying Legislative Campaign
It will be unlawful to subject an employee to an
‘abusive work environment’
Abusive conduct is malicious,
repeated mistreatment (verbal abuse,
threats, intimidation, humiliation,
work sabotage, exploitation of a
known vulnerability) that results in
demonstrable health harm or
negative employment decisions
Affirmative Defensives for Good Employers
• Right to discipline poor performers• Right to terminate for illegal activity• No vicarious liability when policy &
enforcement procedures in effect and are used
Right to Sue Individual Bullies
The National Grassroots Campaign
Status of the HWB in Massachusetts:
•House Bill 2310, filed by Representative Ellen Story•Senate Bill 916, filed by Senator Katherine Clark•Heard before the Joint Committee on Labor and
Workforce Development, July 14, 2011. •Contact your State Representative and State Senator and ask them to support H.2310/S.916 (The Healthy Workplace
Bill!
workplacebullying.org
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