The Impact of Workplace Investigations in the Education and Care Economy: A Call for a Restorative Approach
In the education and care economy where employees are responsible for the wellbeing of vulnerable individuals, workplace investigations are essential tools for making findings of fact and assessing and addressing risk, yet they can bring unintended consequences.
A growing body of research highlights the psychological impact of investigations on employees. Referred to as "investigation trauma", this emotional toll can have long lasting effects on workers' mental health, creating a culture of fear that stifles open communication and undermines organisational safety.
Professor Anjum Naweed, a leading safety scientist at CQUniversity, is conducting a four-year study into how investigative processes in safety-critical sectors contribute to these psychosocial risks. His research is focused on transforming investigations to reduce the psychological damage they can cause to workers.
While the research is ongoing, his preliminary comments provide some useful considerations for employers in how they assess and progress with investigations.
What is Investigation Trauma?
Investigation trauma refers to the emotional distress and psychological harm that workers experience when subjected to an investigation, particularly in high pressure or regulated environments, where there is an intense focus on safety, compliance, and safeguarding.
In his study, Naweed reveals a concerning trend. Workers such as educators, caregivers, and support staff in sectors where safety is paramount, are becoming more fearful of investigations, than safety incidents particularly where a "blame-focused" investigation process is adopted.
For example, workers in child care or aged care facilities, where policies and procedures are rigid and often require high levels of record keeping and accountability, are becoming more fearful of investigations than safety incidents. The hallmarks of a blame focused process might include a prosecutorial tone and approach. Such processes are designed to assign fault and guilt, rather than promote learning and improvement and identifying systemic or causative factors.
It is suggested that this approach can create a toxic atmosphere where workers are not only afraid of making mistakes, but also dread the possibility of being investigated.
The Blame-Focused Approach: A Culture of Fear
Naweed argues that many safety investigations are influenced by crime and control theories, which focus on penalising individuals for wrongdoing. Much like in high-risk industries such as aviation or rail, a blame-focused approach to investigations in education and care can be detrimental. This approach can be promoted by investigators with a policing background, assuming "guilty until proven innocent". Such an approach combined with cultures that are intolerant of errors fuel fear of investigations.
This fear is detrimental to creating a safety culture. If workers do not report incidents and near misses, for fear of investigation, opportunities to learn and improve may be lost. In settings such as schools, early childhood learning centres, or social care environments, this culture can be particularly harmful. As a result, workplaces can develop a false sense of security, where potential hazards go unreported and opportunities for improvement are lost. Naweed describes this as a "fear culture" that ultimately makes the workplace less safe.
Shifting the Focus: From Human Error to System Error
One of the emerging recommendations from Naweed's research is the need to shift the focus of investigations from human error to system errors. In the education and care sector, this shift is vital. For instance, a teacher might be investigated for a behaviour management incident. In such a case, instead of solely focusing on whether they acted "wrongly", investigations should explore systemic factors such as inadequate training, unclear procedures, overwhelming workloads, or a lack of resources that may have contributed to the incident.
Modern safety models emphasise that incidents are rarely caused by a single worker's error. Instead, they are the result of complex systems that may involve systematic factors such as those identified. An investigation that blames a worker for, say, being distracted, may overlook these broader systematic issues.
Naweed’s research highlights a crucial shift in approach. By focusing on the systems surrounding the worker, employers can uncover the root causes of incidents and implement solutions that address underlying problems, rather than scapegoating individuals. This approach reduces the likelihood of investigation trauma and fosters a more supportive, learning focused environment
Moving Toward A Restorative Just Culture
Naweed advocates for what he calls a "restorative just culture" in workplace investigations. In such a culture, the focus is not on punishing workers for mistakes but on understanding how the system failed and how improvements can be made. Instead of asking, "What did you do wrong?" employers should ask, "What can we do better?".
This shift in perspective is essential for protecting workers' mental health while maintaining the integrity of investigations. By framing investigations as opportunities for learning and improvement, rather than blame and punishment, employers can reduce investigation trauma and create a more supportive workplace culture. Workers are more likely to report incidents and near misses in an environment where they feel that the goal of an investigation is to learn and improve, not to assign fault.
Recommendations for Employers
To mitigate the risk of investigation trauma, employers can take several immediate steps:
- Focus on systems, not just individuals: Shift the focus of investigations away from human error and towards identifying system errors. Understand the broader organisational factors that contribute to incidents and look for ways to address them.
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Foster open communication: Create a culture of openness where employees feel comfortable reporting incidents and near misses without fear of retribution. Encourage workers to view investigations as opportunities for learning and improvement.
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Implement restorative practices: Instead of punitive measures, adopt restorative practices that aim to address underlying systemic issues. Ask questions like, "What can we do better?" to foster a culture of continuous improvement.
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Train investigators to be empathetic: Ensure that those conducting investigations are trained in both the technical aspects of the investigation process and in emotional intelligence. Empathy and sensitivity are critical for reducing investigation trauma.
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Provide support for affected employees: Offer counselling services and emotional support for workers who are involved in investigations, whether as the complainant or the subject of the investigation.
Conclusion
Investigation trauma is a serious issue that can have lasting psychological effects on employees, especially in the education and care economy where safety is a top priority. Employers should recognise the harm caused by blame-focused investigations and shift towards a more restorative approach that emphasises learning and improvement. By focusing on systemic issues, fostering open communication, and treating workers with respect and empathy, employers can create a safer, more supportive workplace for all employees. The key is to balance the need for effective investigations with the wellbeing of the individuals involved, ensuring that investigations promote safety without causing harm. Please feel free to reach out to our Employment & Safety team if you require any legal support regarding the matters discussed above.
References
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https://www.ohsalert.com.au/news/investigation-trauma-is-a-major-psychosocial-risk-expert-82708part=headline&type=instant&utm_source=instant%20email&utm_medium=email&utm_campaign=subscriber%20email&utm_content=article%20headline
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https://ihraustralia.com/trauma-informed-workplace-investigations/
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https://qworkplace.com.au/part-2-safeguarding-the-psychological-health-of-participants-in-a-workplace-investigation/