Zero tolerance for violence
In Western Australia in October 2004, a psychiatric nurse who had been bashed unconscious at a mental health unit was awarded an ex gratia payment of more than $107,000 by the West Australian Government.
In September 2005, Hunt & New England Health was reportedly fined more than $100,000 for failing to provide a safe workplace for a psychiatric nurse who was bashed by a patient whilst the nurse was working alone in a psychiatric unit at Morisset Psychiatric Hospital.
Australian nurses reportedly rate second highest among employee groups for workers’ compensation claims as a result of violence, with security personnel the only group at higher risk.
Hospital emergency departments are reported to be among the highest risk settings for violence in the health workplace, with up to 90% of emergency nurses experiencing physical intimidation or assault at some point in their career and all experiencing verbal abuse. Police officers, emergency services personnel, community care workers and staff at late night spots are some of the vulnerable.
Recent evidence suggests a frequent association of these violent events with drug and alcohol use or with mental health conditions.
At Sydney St Vincent’s Hospital, extra security guards are now employed to cater for the new wave of ultra aggressive methamphetamine (ICE) users and lock up cells are required to deal with these out of control patients. Weekend work is said to be particularly vulnerable. There are currently a reported 73,000 dependent methamphetamine users in Australia, according to the National Drug & Alcohol Research Centre.
There are numerous personnel and business risks associated with exposure to violence in the workplace, including physical and emotional trauma, low morale, high staff turnover, financial costs, lost productivity and litigation. Claims by staff for stress related illness and physical injury and prosecutions under occupational health and safety legislation create significant additional risk exposure.
The West Australian Department of Health in June 2004 developed a policy and guidelines to address workplace aggression and violence, acknowledging that violence towards staff is a significant occupational health and safety issue. The guidelines advocate a zero tolerance protocol, training of staff in prevention strategies and a risk management approach. This is additional to the code of practice developed in 1999 under s57 of the Occupational Safety & Health Act 1984 (WA) providing practical guides for work places in relation to work place violence.
Under the Occupational Safety & Health Legislation employers must take all practical steps to eliminate such workplace risks. If your employees or visitors on your site are exposed to those types of risks then, you must take active steps to control and minimise those risks. Some strategies might include implementation of a ‘zero tolerance’ policy to include:
- staff training
- support programs for staff
- advertising that violence is not acceptable and will not be tolerated and that prosecution will follow
- reviewing security, including layout and alarms.
Dealing with aggressive behaviours is never easy, but is even more challenging and difficult when fuelled by drugs.
For further information please contact Susan Norton, Senior Associate on 08 9288 6716 or Michael Bruce, Partner on 08 9288 6865
http://www.lavanlegal.com.au/publications/riskwatch/January2007.html