Farm workplace policies for incident management
What are farm workplace policies?
Workplace policies define acceptable workplace behaviours, set out implications for not complying with the policies and often reinforce and clarify standard operating procedures.
This topic is about developing policies for managing behaviours and incidents that might occur on dairy farms, where an incident is an occurrence or event resulting in physical or psychological injury, damage to property or something that nearly causes one of these events.
Having well documented policies will contribute to your farm being a safer and more enjoyable workplace, where people want to work and stay. People leave farms if they don’t feel safe or comfortable and replacing them is costly. Documenting policies also helps ensure your farm complies with equal opportunity and health and safety legislation.
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Why have farm workplace policies? (the benefits)
Well written policies that are understood by everyone on the farm help to prevent or minimise health, safety and welfare risks and help employers manage staff more effectively by defining behaviours that are acceptable or unacceptable in the workplace.
Farms with documented workplace policies are more likely to:
- have people who comply with the values of the business and employment legislation;
- be able to provide evidence in support of their actions when possible legal actions arise;
- save time when a new problem arises by handling it quickly and effectively through an existing policy;
- clarify functions and responsibilities;
- effectively assess performance and establish accountability;
- ensure consistency in decision making and operational procedures;
- operate in an efficient and businesslike manner;
- foster stability and continuity;
- maintain the direction of the business even during times of change; and
- provide the framework for business planning.
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How to develop farm workplace policies
Working through the following steps will help to ensure that your farm workplace policies are successfully introduced and implemented.
1. Consult with workers
Include the people working on the farm in the development and implementation of the workplace policies. Workers often have good ideas and including them in the development process will help to promote their understanding and ownership of the policies, awareness of the policy content and, importantly, increase the chances of compliance.
2. Draft the policy document
A policy should:
- set out the aim of the policy;
- explain why the policy was developed;
- define all the key terms in plain English so that the meaning is clear;
- list who the policy applies to, for example is it just people working on the farm or does it include contractors and visitors;
- describe what are acceptable or unacceptable behaviours;
- have guidelines and procedures to be followed to achieve the policy aim;
- set out the consequences of not complying with the policy and, if necessary, what to do in the case when it isn’t possible to comply; and
- provide a date of when the policy was developed or updated.
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Policies for a better workplace
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Ben and Laura run a dairy farm near Malanda in Queensland and have two full-time employees, two part-time employees and a casual milker. They are committed to providing a workplace where everyone feels comfortable. So as part of that commitment they created a workplace policy for their farm, covering all forms of unlawful discrimination and harassment. One of the issues they addressed in their farm policy was workplace bullying. This is what they wrote about bullying in their farm policy.
Malanda Farm is committed to providing our employees with a healthy and safe work environment that is free from bullying.
Bullying is repeated unreasonable behaviour directed toward an employee, or group of employees, that creates a risk to health and safety. Examples of bullying include verbal abuse and yelling; humiliating someone through sarcasm, criticism or insults; exclusion of a person from workplace activities; giving someone the majority of unpleasant tasks.
Malanda Farm expects all employees to treat each other with dignity and respect when at work.
We encourage all employees who experience bullying to report it. Any reports of bullying will be treated seriously and investigated promptly, confidentially and impartially. The reporting and investigation procedures for bullying are explained in the farm policy and procedures manual as are the disciplinary and appeals procedures.
Managers and supervisors have responsibility to ensure employees are not bullied. The contact person on this farm is Laura Delany.
15 August 2008
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Illustrate behaviour using examples
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Including examples of acceptable or unacceptable behaviour in the policy can help illustrate what is expected. |
3. Tell everyone
For farm workplace policies to be effective tell everyone who works on the farm about them and give them a copy.
If you have any employees whose first language is not English and whose understanding of written English is limited, you should arrange to have the policies translated into an appropriate language. It is important that everyone understands the policies.
Similarly, if you have employees who have limited literacy skills you should ensure that the policies are read to them and understood by them.
Contractors, labour hire firms and work experience students also need to be aware of your policies and it may be necessary to consult with them to ensure consistency and compliance with their policies and procedures.
Make copies of the policies easily accessible on the farm by keeping copies in folders in a central location and in staff areas and displaying them on noticeboards.
Make sure that policies are provided to new staff, contractors and, where relevant, visitors as a part of their induction.
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Ask employees to sign the policy
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You may request that employees sign a copy of the policy to acknowledge that they have seen and understood it. |
4. Explain the policies
Explaining the policies to everyone on the farm can be done at information or training sessions, staff meetings or when a new staff member or contractor is doing their induction.
Explain how to comply with the policies and the implications of not doing so. Make sure that everyone understands they must comply with the policy.
Regularly discuss policies with the people working on the farm. This could be done at staff briefings or meetings whenever relevant.
Managers and owners should show others working on the farm how to behave by endorsing and modelling those behaviours.
5. Implement the policies
Be consistent when applying the workplace policies and dealing with someone who doesn’t comply. Deal with any breaches of policies promptly and always use the procedures that are set out in the policy. The consequences of breaching a policy could be a warning, disciplinary action or dismissal. The consequence should be suited to the severity of the breach.
6. Evaluate and review the policies
Regularly review the policies in conjunction with employees and contractors to make sure that they match any changes that have occurred on the farm and reflect new regulations and state of knowledge so they remain relevant to the people who work there.
If a policy is changed significantly give a revised copy to all staff and update any other copies that are on the farm. Explain to everyone why it has been changed and what the changes are. Policies may need to be changed when there is new equipment being used or work procedures change.
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Types of workplace policies
As a minimum, dairy farms should have policies for handling an emergency, accident, illness, injury or a near miss. There should also be policies that deal with discrimination, harassment, and alcohol and drug use. You may also want to include policies for smoking; internet, email and mobile phone use; or children on farms. The next section looks at these different policies.
You can also create safety protocols for your standard operating procedures using the Generator.
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Discrimination and harassment
Discrimination and harassment because of personal characteristics is unlawful.
A way to help ensure discrimination and harassment does not occur on your farm is to have and promote a written policy that makes it clear that discrimination will not be tolerated.
You may want to develop a policy that covers all forms of unlawful discrimination and harassment or, as some businesses do, develop a separate policy for sexual harassment. Sexual harassment will be covered in the next section.
What is unlawful discrimination?
Under federal and state legislation unlawful discrimination occurs when someone, or a group of people, is treated less favourably than another person or group because of their race, colour, national or ethnic origin, sex, pregnancy or marital status, age, disability, religion, sexual preference, membership of a trade union or trade union activity, or some other characteristic specified under anti-discrimination or human rights legislation.
Workplace discrimination can occur in:
- recruiting and selecting staff;
- terms, conditions and benefits offered as part of employment;
- who receives training and what sort of training is offered;
- who is considered and selected for promotion, retrenchment or dismissal.
What is unlawful harassment?
Under federal and state legislation unlawful harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin, sex, disability, sexual preference or some other characteristic specified under anti-discrimination or human rights legislation. It can also happen if someone is working in a ‘hostile’ – or intimidating – environment.
Harassment can include behaviour such as:
- telling insulting jokes about particular racial groups;
- sending explicit or sexually suggestive emails;
- displaying offensive or pornographic posters or screen savers;
- making derogatory comments or taunts about someone’s race or religion;
- asking intrusive questions about someone’s personal life, including their sex life.
What is workplace bullying?
One definition of workplace bullying is ‘the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that intimidates, offends, degrades or humiliates a worker.’ (Source: ACTUQ/QCCI/Qld Govt Dept of Workplace Health and Safety)
Everyone has the right to work in an environment free from bullying, harassment, discrimination and violence. Under Occupational Health and Safety legislation, employers and employees have a legal responsibility to comply with any measures that promote health and safety in the workplace. Because of this duty, employers need to eliminate or reduce the risks to employees’ health and safety caused by workplace bullying.
Bullies usually utilise power attributed to their status, skills or position in the workplace, and both men and women can be the targets and/or the perpetrators. Workplace bullying can occur between a worker and a manager or supervisor, or between co-workers.
Bullying behaviour can range from very obvious verbal or physical assault to very subtle psychological abuse. This behaviour may include:
- physical or verbal abuse;
- yelling, screaming or offensive language;
- excluding or isolating employees;
- psychological harassment;
- intimidation;
- assigning meaningless tasks unrelated to the job;
- giving employees impossible jobs;
- deliberately changed work rosters to inconvenience particular employees;
- undermining work performance by deliberately withholding information vital for effective work performance.
What to include in your farm policy
An anti-discrimination and harassment policy should include:
A strong opening statement on the farm's attitude to discrimination and harassment
The statement should say that:
- the farm business is committed to ensuring that the working environment is free from discrimination and harassment;
- discrimination and harassment will not be tolerated under any circumstances;
- disciplinary action will be taken against any employee (or agent) who breaches the policy.
An outline of the farm's objectives regarding discrimination and harassment
This demonstrates that the farm business is committed to a comprehensive strategy for eliminating discrimination and harassment. Employers may wish to say that their farm aims to:
- create a working environment which is free from discrimination and harassment and where everyone on the farm is treated with dignity, courtesy and respect;
- implement training and awareness raising strategies to ensure that everyone knows their rights and responsibilities;
- provide an effective procedure for complaints, based on the principles of natural justice, which are that the person be made aware of the case against them, be given a chance to be heard and present their version of events, be given a fair hearing by an unbiased person or tribunal that will only make a finding based on reasonable evidence;
- treat all complaints in a sensitive, fair, timely and confidential manner;
- guarantee protection from any victimisation or reprisals;
- encourage the reporting of behaviour which breaches the discrimination and harassment policy;
- promote appropriate standards of conduct at all times.
A clearly worded definition of discrimination and harassment
A definition of discrimination and harassment could say:
"Discrimination and harassment occur when a person is discriminated against or harassed in the workplace and in certain areas of public life:
- because of their race, colour, descent or national or ethnic origin, as defined under the Racial Discrimination Act 1975;
- or because of their sex, marital status, pregnancy as defined under the Sex Discrimination Act 1984;
- or because of a disability as defined under the Disability Discrimination Act 1992;
- or because of age as defined under the Age Discrimination Act 2004;
- and some grounds under the Human Rights and Equal Opportunity Act 1986."
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All states also have their own anti-discrimination legislation and it may be appropriate to list the legislation for your state at the end of this definition.
The relevant legislation for your state can be found at:
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Who has responsibility for ensuring workplace harassment and discrimination does not occur
Emphasise the primary role of the managers and supervisors in ensuring people on the farm are not harassed or discriminated against within the workplace or ‘in connection with’ the person’s employment. Emphasise the responsibility of everyone on the farm to not participate in discriminatory or harassing behaviour.
Likely consequences of unlawful discrimination or harassment
Ensure everyone on the farm is aware of the consequences of engaging in unlawful discrimination or harassment. Establish a range of outcomes, such as an apology, demotion or dismissal.
Where to get help if discrimination or harassment occurs
Ensure everyone on the farm is provided with the names and contact numbers of nominated person(s) who have been trained to assist in the formal or informal resolution of complaints within the workplace.
How the complaints procedure operates
Ensure everyone understands how complaints procedures operate on the farm.
Checklist for documenting an anti-discrimination and harassment policy
Here is a checklist to help with writing an anti-discrimination and harassment policy.
A written policy should include:
- a strong statement of the farm’s attitude to discrimination and harassment;
- a clearly worded definition of discrimination and harassment;
- a statement that discrimination and harassment on any of the grounds listed in the legislation is against the law;
- circumstances where discrimination and harassment can occur;
- a statement that everyone has a responsibility to prevent workplace harassment and discrimination;
- information on how and where to seek help if discrimination or harassment occurs;
- the likely consequences of unlawful discrimination or harassment.
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Sexual harassment
What is sexual harassment?
Sexual harassment is a type of sex discrimination. Sexual harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended or humiliated where that reaction is reasonable in the circumstances. It has nothing to do with mutual attraction or friendship.
The Sex Discrimination Act 1984 protects individuals across Australia from discrimination on the basis of sex, marital status or pregnancy and, in relation to employment, family responsibilities. The Act also makes sexual harassment against the law.
Employers can be held legally responsible for sex discrimination or sexual harassment by employees.
What to include in the policy?
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Include sexual harassment within the harassment policy
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Sexual harassment can be included within a general policy on harassment or developed as a separate policy. |
A sexual harassment policy should include:
A strong opening statement on the farm's attitude to sexual harassment
This should state that the farm business is committed to ensuring that the working environment is free from sexual harassment, that it will not be tolerated under any circumstances and that disciplinary action will be taken against anyone (or agent) who breaches the policy.
An outline of the farm's objectives regarding sexual harassment
This demonstrates that the farm business is committed to a comprehensive strategy for eliminating sexual harassment. Employers may wish to consider something along the following lines.
On this farm we aim to:
- create a working environment which is free from sexual harassment and where all members of staff are treated with dignity, courtesy and respect;
- implement training and awareness-raising strategies to ensure that everyone knows their rights and responsibilities;
- provide an effective procedure for complaints, based on the principles of natural justice;
- treat all complaints in a sensitive, fair, timely and confidential manner;
- guarantee protection from any victimisation or reprisals;
- encourage the reporting of behaviour which breaches the sexual harassment policy;
- promote appropriate standards of conduct at all times.
A clearly worded definition of sexual harassment
There is no single, universally accepted definition of sexual harassment. However, the definition adopted should be consistent with the legal definition to avoid any confusion. The most important element to emphasise in any definition is that sexual harassment is unwelcome behaviour of a sexual nature. For example, sexual harassment can be defined in the following way:
Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working environment.
Some examples of sexual harassment relevant to the farm working environment
The policy should identify specific examples of sexual harassment, such as: uninvited touching; uninvited kisses or embraces; smutty jokes or comments; making promises or threats in return for sexual favours; displays of sexually graphic material including posters, pinups, cartoons, graffiti or messages left on notice boards, desks or common areas; repeated invitations to go out after prior refusal; ‘flashing’ or sexual gestures; sex-based insults, taunts, teasing or name-calling; staring or leering at a person or at parts of their body; unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them; touching or fiddling with a person's clothing including lifting up skirts or shirts, flicking bra straps, or putting hands in a person's pocket; requests for sex; sexually explicit conversation; persistent questions or insinuations about a person's private life; offensive phone calls or letters; stalking; and offensive e-mail messages or computer screen savers.
What sexual harassment is not
The policy should explain that sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment.
A statement that sexual harassment is against the law
The policy should make it clear that sexual harassment is against the law. Reference should be made to the federal, state or territory anti-discrimination laws that apply to the farm business. Everyone needs to know that legal action could be taken against them for sexual harassment and that they could also be exposing the business to liability.
The circumstances in which sexual harassment may occur
The policy should state that a person may be sexually harassed by a supervisor or manager, co-worker, contractor or service provider. Although not all these situations would necessarily give rise to a complaint under the legislation, you should provide an internal procedure for dealing with any sexual harassment which could affect the welfare of people working on the farm.
The policy should also state that sexual harassment is not just unlawful during working hours or in the workplace itself and not only between co-workers. The behaviour is unlawful in any work-related context, including conferences, work functions, Christmas parties and training, work or field trips.
The consequences that can be imposed if the policy is breached
The policy should include a general warning to all people on the farm of the consequences they can expect if they do not comply. Depending on the severity of the case, consequences may include an apology, counselling, dismissal, demotion or other forms of disciplinary action. Everyone should also be informed that immediate disciplinary action will be taken against anyone who victimises or retaliates against a person who has complained of sexual harassment.
Responsibilities of management and staff
The policy should state that the farm business has a legal responsibility to prevent sexual harassment, otherwise it can be liable for the behaviour of people working on the farm.
This means that managers and supervisors have a responsibility to:
- monitor the working environment to ensure that acceptable standards of conduct are observed at all times;
- model appropriate behaviour themselves;
- promote the farm’s sexual harassment policy within their work area;
- treat all complaints seriously and take immediate action to investigate and resolve the matter;
- refer a complaint to someone else if they do not feel that they are the best person to deal with the case (for example, if there is a conflict of interest or if the complaint is particularly complex or serious).
All people working on the farm have a responsibility to:
- comply with the farm’s sexual harassment policy;
- offer support to anyone who is being harassed and let them know where they can get help and advice (they should not, however, approach the harasser themselves);
- maintain complete confidentiality if they provide information during the investigation of a complaint. Everyone should be warned that spreading gossip or rumours may expose them to a defamation action.
Information on where individuals can get help, advice or make a complaint
The policy should tell people on the farm where they can get help if they are sexually harassed. Employees can be advised to approach their manager, supervisor or health and safety representative. Where possible, a number of different contact people of both sexes should be provided so that employees can approach someone they feel comfortable with. It is not appropriate to only give employees the option of approaching their line manager because there may be cases where the manager is the alleged harasser or is perceived to be closely associated with the harasser and therefore not impartial.
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Reporting harassment to someone not on the farm
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On a farm that only employs a few people it can be difficult to find someone to report a case of harassment to, particularly if it is the owner or manager who is doing the harassing. In this situation, try contacting the local working women’s centre or community legal centre, legal aid helplines, or the equal opportunity commission in your state.
Equal opportunity commission for:
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A brief summary of the options available for dealing with sexual harassment
People working on the farm should be advised of the different ways that sexual harassment can be addressed. This includes informal action such as confronting the harasser directly (but only if the individual feels confident enough to do so) or making a formal complaint to a manager, supervisor or health and safety representative. The way that complaints will be handled should be documented in the policy or in a separate complaints procedure. Staff can be referred to this if they require more information. Employees can also approach HREOC or the relevant state or territory anti-discrimination agency for information and confidential advice.
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Drugs and alcohol
Occupational Health and Safety laws require employers to:
- ensure the health, safety and welfare at work of all their employees and any other person in their place of work;
- take all practical measures to protect workers in relation to health, safety and welfare;
- take reasonable care for the health, safety and welfare of persons at their place of work who may be affected by their acts.
Breaches of the Act by employers and employees can result in heavy penalties.
Drug and alcohol use in the workplace creates a range of problems. Employees with drug and alcohol problems can cause injury to themselves and others and damage their physical and mental health. As well as increasing the risk of accidents, these employees are more likely to be late or absent and show poor performance and low productivity at work. These behaviours can be a cost to the business due to the time lost through inefficiency and accidents, and replacing or repairing damaged equipment or property.
Developing and promoting a drugs and alcohol policy should aim to:
- maintain and/or restore the good health and welfare of employees;
- ensure a safe working environment;
- promote low level/low risk drug and alcohol use specifically in relation to the workplace;
- reduce levels of drug and alcohol related costs including absenteeism, low productivity and accidents; and
- provide information about referral to counselling, treatment and rehabilitation.
What to include in the policy?
A drugs and alcohol policy should include:
Consumption guidelines
Alcohol and illicit drugs should not be consumed on the farm, in farm vehicles or in any time as paid employees of the farm.
Education
All people working on the farm will be provided with education about the effects of drugs and alcohol prior to policy implementation, and on an ongoing basis. They will also receive information about the drug and alcohol policy as it is developed and reviewed.
Treatment services
Information about treatment agencies can be included. Employees should see their supervisor for treatment arrangements.
Function guidelines
Efforts should be made to ensure that alcohol served at work related functions is served responsibly. This is important as alcohol related injuries that occur as a result of work functions can be considered the responsibility of the employer.
Procedures for breach of policy and grievances
Non-compliance with the drug and alcohol policy will be viewed as a serious matter.
Any individual who is adversely affected by alcohol or another drug will not be allowed to work until they are fit to do so. Suitable transport will be arranged to the person’s home at the expense of the employer. If someone is affected by alcohol or other drugs is sent home to recover they will not be paid for lost time. Disciplinary action may be taken on return to work which may include counselling, demotion or dismissal.
Any grievances will be dealt with in the same manner as other policy grievances.
Contractors and labour hire firms should be informed and provided with the policy.
Policy review
This policy will be reviewed in 12 months. Any changes and adjustments will be made accordingly.
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Return to work plans
Farm businesses have a legal obligation to help injured employees return to work – that is, to get back to work and stay at work while they recover from an injury. This can involve changing the kind of work the employee is required to do so that his or her injury is not aggravated during recovery. Experience shows that the best way to keep productivity up and insurance premiums down is to help injured workers return to work safely and as soon as possible.
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For more information on helping employees return to work go to your state's government Workcover authority website or contact your workers compensation insurer. Click here for links to these sites. |
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