“There has been a noticeable increase in complaints to the Mine Safety Operations branch of Industry & Investment NSW about bullying and victimisation in the workplace,” the branch said in a safety alert.

“Such behaviours can pose a risk to mental health and contribute to workplace accidents and physical injuries.”

The branch cited a NSW Workcover Authority guide for a definition of bullying as “… repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety… these behaviours can be direct or indirect”

The mine safety unit further clarified actions that are considered bullying.

“Direct forms of bullying include verbal abuse, spreading rumours and interfering with personal property or work equipment.

“Indirect bullying may involve unjustified criticism, denying access to information, withholding vital information, setting unreasonable tasks, excessive scrutiny or changing work arrangements to cause inconvenience.

“An isolated incident of unreasonable behaviour is not bullying. The behaviour must be repeated. However, single incidents should not be ignored.”

The branch emphasised that “legitimate and reasonable” management actions do not constitute bullying.

“Employers and managers have a right to direct how work is done and to provide performance feedback.”

Victimisation is a separate issue that involves “dismissing or harming” an employee in their employment because the worker raised safety issues or exercised “legislated” safety consultation functions, the branch said.

While noting that bullying and victimisation can occur together, the branch said there was no specific bullying-related state legislation but it could fall under duty of care provisions.

“Employers therefore have a legal duty to assess and manage any risks to the health, safety and welfare of their employees that may arise from workplace bullying.

“Bullying and victimisation may provide a basis for civil legal action or proceedings under anti-discrimination legislation. Workplace bullying that involves criminal behaviour should be referred to the police.”

As part of its recommendation for mines to risk assess and provide prevention, the branch suggested mine operators identify organisational cultures that can allow bullying, harassment and victimisation to occur.

The branch also wants mine operators to consult with workers to implement systems that increase awareness along with investigation into possible complaints.

Mine operators were also asked to provide grievance resolution mechanisms, occupational rehabilitation and training of employees to cover impacts from these issues.

While safety alerts do not reveal the mines involved, a surge in bullying and victimisation complaints might be at least partly due to a ramp-up of industrial relations disputes in the coal scene this year.

But the widely reported Fair Work Australia decision last month to support the dismissal of two Austar employees for drinking onsite and sexually harassing a colleague brought a lot of negative attention to the state’s underground coal sector.

The two dismissed workers carried out a steady campaign of harassment against a fellow crew member which varied from pranks to genital exposure.