1. TROUBLE AT MILL?Guidance for PsychologistsWorking with Organisations Frank OConnor RAP Consulting, Wellington franko@rap.net.nz Helena Cooper Thomas University of Auckland h.cooper-thomas@auckland.ac.nz!

2. OUR SCOPE AND CAUTIONSGuidance on laws and their implications relevant tosafe and effective practice by psychologists in arange of organisational settingsTiny text prompts discussionCommon and employment law applying to non-psychological activities is outside our scope Not a definitive source for training or practice Advice that is sound and compliant on one occasion or in onecontext may not apply to another There may be varying duties of care to several parties withmarkedly different views and levels of power For example, an ethical duty of care may differ between confidential career counsellingversus an intervention to stop bullying 3. WHEN IS A PSYCHOLOGISTNOT A PSYCHOLOGIST? Overlaps with other disciplines such as HR and OD meanpractitioners from fields outside psychology may use methodsthat are similar to or the same as psychological practices A method that might be illegal or unethical for a psychologistmay not be for someone from another discipline Although a psychologists work may appear outside the scope ofparticular legislation, under the HPCA Act, psychologists arealways psychologists and are, at all times, subject to the publicprotection provisions of the Act and its ethical standards " 4. THE RELEVANT LEGISLATIONWell look at: Health Practitioners Competency Assurance Act 2005 Code of Ethics for Psychologists working in Aotearoa/NewZealand 2002 Privacy Act 1993 Official Information Act 1982 &Local Government Official Information and Meetings Act 1987 Health and Safety in Employment Act 1992 and Amendment2002Significant others: Human Rights Act 1993 Employment Relations Act 2000 and Amendments, 2001, 2004nos. 1 & 2 State Sector Act 1988 and Amendment Act 2, 2004 # 5. HEALTH PRACTITIONERS COMPETENCYASSURANCE ACT 2005The HPCA Act protects the public where there is arisk of harm from the practice of health practitioners Psychologists working with organisations must be duly qualifiedand registered with the Psychologists Board to use the titlepsychologist Specifies that practitioners must only practice in their areas ofcompetence may be less than the entire published scope Exists to protect members of the public from harmful practice byhealth practitioners not to protect areas of professional workfor those with a particular specialisation Obligation to maintain and develop competence througheducation and training documented continuing professionaldevelopment is required Competence may be assessed at any time keep accurate andfull records of work for clients$ 6. WHAT TO DO?The public safety sought under the Act is notdetailed You need a means of proving consistent achievement ofcompetence to become and remain registered No present code of conduct setting out minimum standards forpractising psychologists You want to demonstrate adequate management of types andsources of risk to the public Develop views of acceptable standards of practiceContrast with examples of breaches which show inadequate assurance of safety % 7. CODE OF ETHICS FOR PSYCHOLOGISTS WORKING IN AOTEAROA/NEW ZEALAND2002 The Code presents Principles and Values to whichpsychologists should aspire and identifies the implications ofthese Principles and Values for practice through the inclusion ofPractice Implications and associated Comments Three explicit purposes To unify the practices of the profession To guide psychologists in ethical decision-making To provide a set of guidelines to the public about the professionsethics The Code details four key areas of responsibility respect for the dignity of persons and peoples responsible caring integrity in relationships social justice and responsibility to societyEach key area has practice examples in the Code itself 8. WHAT TO DO?The Code has limited recognition of the multiplerelationships that exist between a psychologistworking for an organisation as the client and withstaff as participants You are running a series of group interventions to help particularworkgroups become more effective You have run this kind of session before participants find themuseful in getting work done and working together better The work you are doing serves the objectives and interests ofthe organisation as a whole, by raising productivity andsatisfaction The group members say one persons preferences are at odds withthe interests of the group This person clearly says he wants things to stay as they areAct in a way that is respectful and non-discriminatory Watch for pressure to deliver work quickly to clients & 9. PRIVACY ACT 1993How agencies should behave in collecting,managing, and using personal information aboutemployees or other individuals Applies to any agency: any person or body of persons,whether corporate or unincorporate, and whether in the publicsector or in the private sector Agencies in our work with organisations include sole practitioners employers of any sort employees and their representative bodies contracted recruiters or trainers The Act contains twelve information privacy principles, whichdescribe the rights and responsibilities of both parties theagency and the individual who is the subject of the information detail at http://www.privacy.org.nz/people/peotop.html 10. WHAT TO DO?You are asked to conduct assessments of threecandidates for a senior management position Candidates know why the information is being collected onthem, how it will be used & managed, and their rights of access The assessments involve gathering comments from colleaguesand previous employers, and opinions of each individual on pastevents, their workplace, or other employees You take reasonable safeguards to ensure that the data is keptsecurely After the assessments, one of the unsuccessful candidates asksfor access to her personal information She specifically wants to know what others thought of her team-working skillsRight of access & correction to readily retrievable & factual information No access as of right to assessment information that is evaluativeEnsure information is accurate & suited to the potential employers purpose Additional consent from the client organisation which paid for the work? ! 11. OFFICIAL INFORMATION ACT 1982 & LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 There are three purposes of these Acts: increase the availability of official information to promote moreeffective public participation in the making and administration of lawsand policies promote the accountability of Ministers of the Crown and governmentofficials protect sensitive information where necessary in the public interestor to preserve personal privacy Any person can ask for information on: decisions made about him or her internal policies, principles, rules or guidelines specific official information meeting agendas and minutes of public bodies, including those notopen to the public!! 12. WHAT IS OFFICIAL INFORMATION? All information held by a Department, a Minister of the Crown inhis or her official capacity, or an organisation subject to the OIAor LGOIMA Includes information held by an independent contractor engaged by an agency any advisory council or committee established for the purpose ofassisting or advising a department, Minister or organisation information that has not yet been written does exist and is "held" OIA governs the right of access by some individuals tostatements of reasons used by the decision-maker in a decisionor recommendation about themselves, as of right, even whenthat decision also refers to other persons withholding information is necessary to "Protect the privacy of naturalpersons" and not "outweighed by other considerations which renderit desirable, in the public interest, to make that information available" Privacy Act governs right of access by individuals to personalinformation about themselves See Office of the Ombudsmen Practice Guidelines www.ombudsmen.govt.nz ! 13. WHO GETS TO KNOW? A specific request for a statement must be made referring to OIA 23 or asking for more information about why a decision orrecommendation was made or seeking particular details about the decision or recommendation. The request must be from a New Zealand citizen or permanent resident a person who is in New Zealand a body corporate which has a place of business in New Zealand The decision or recommendation must affect the person in his,her or its personal capacity The request must be made within a reasonable time of themaking of the decision or recommendation The written statement must include three elements the findings on material issues of fact a reference to the information on which the findings were based the reasons for the decision or recommendation !" 14. WHAT TO DO? You have acted as an advisor in the selection of staff whohandle cash as part of their work for a local authority Reference checks made with a previous employer revealed thatone applicant had been suspected of theft of petty cash, but hadresigned and the matter had not been pursued You thought that the suspicion might be ill-founded but on thebasis of this check, the Council manager decided that theapplicant was not, or may not be, trustworthy The applicant has asked for more information about why she anotherperson was appointed The manager asks you what should be saidReason for the decision must be included in a written statement Reference check (evaluative material) excluded by promise of confidentiality!# 15. HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 & AMENDMENT 2002 Relates to the health and safety of employees, and other peopleat work or affected by the work of other people Promotes excellence in health and safety management Manages hazards and risks, by making both employers andemployees responsible for behaving in safe ways includes possible negative physical and mental work outcomes, eg,both physical and mental stress includes unintentional harm and harm to any person, not just anemployee Where there is a significant hazard to employees at work, theAct requires employers to take practicable steps to: eliminate it or isolate employees from it minimise the likelihood that the hazard will be a source of harm monitor the employeesexposure to such a hazard take all practicable steps to obtain the employees consent to themonitoring of their health in relation to the hazard monitor the employeeshealth in relation to exposure to the hazard Repetition? Employer is obliged to monitor, even without consent !$ 16. WHAT TO DO? You are asked to look at claims of sick leave that seem to berelated to workload peaks in a secondary school The principal asks you to identify the staff who are handling thework well and help find more staff with the same characteristics You know that the Act 5(b) says that all hazards and harm arecovered, including harm caused by work-related stress andhazardous behaviour caused by certain temporary conditions You have interviewed a dozen staff so far and all have talked ofhaving too much work to do Staff dont want to do stress monitoring or reduction activities The principal assures you that the staff youve seen are typical Employer must take reasonable steps to mitigate hazardOnus is on the employer to monitor exposure to hazards With or without consent, employer must monitor employees health!% 17. COMING SOON The new Handbook of Psychology and the Law has a chapterespecially for psychologists working with organisations What Psychologists in Organisations Do The Need for Recognition and Mitigation of Risk of Illegal Practice Relevant Legislation Recommended Practice Guidelines References Recommended Reading Endnote: Diverse Roles for I/O Psychologists Frank OConnor RAP Consulting, Wellington franko@rap.net.nz Helena Cooper Thomas University of Auckland h.cooper-thomas@auckland.ac.nz!