I think they drank my BM...

I understand you not wanting to 'rock the boat', I don't like confrontation either. However, even if you choose not to complain, I would still inform management so they can't play dumb. Bring to their attention that you haven't asked for special treatment - even if those rights are protected by law - and you've pumped in your own time. Let them know that you will now be labelling it and keeping it in a wetbag or whatever, and most of all tell them WHY you're doing this now. I would probably get a copy of your rights re: pumping at work and email it across to them as well, just to let them know that you know what they're supposed to be doing.

The more I think of it, the more it disgusts me. I keep thinking of it as sexual harrassment. You pumped discreetly, put it in a baby bottle at the BACK of the fridge, and someone has not only drawn attention to it, they've stolen it. It's so wrong :shakehead:

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You just need to be careful here - there is probably an OHSE policy which requires human milk to be labelled and you may actually end up being the one in the pooh.

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Under Australian law, intention has a lot to do with it. The other staff knew what it was ... it was in a baby's bottle. It didn't need to be labelled. They may make a workplace policy to say it has to be labelled as a result of this incident, but I don't think it would be difficult to prove that the other staff knew what it was. If they turned this around because the bottle wasn't labelled, it would be harrassment. The OP is in no way responsible for this incident. This is a bit like saying that a person is sexually harrassed because of the way they dress. It has nothing to do with it. Workplaces may have dress standards, but it doesn't make it okay to sexually harrass someone because of what they are wearing and it does not make them responsible for someone else's actions. It also does not make them less of a victim.

ETA: Workplaces are individually responsible for their own OHS policy and it is their responsibility to ensure employees are aware. There are laws that override it but non pertaining specifically to breastmilk.

Many of the websites that suggest labelling your BM when you express are work are referring to labelling it with time and date for your own reference so you know when it is no longer okay to feed it to your baby.

Nothing else that goes into workplace fridges is required to be labelled. You can make a peanut butter sandwich and put it in your fridge at work with no label and nuts are deadly to some people. There is no extra need for BM to be labelled as a OSH thing unless the workplace has a policy that specifies this. It was in a baby's bottle. It was pretty clear that it was not for adult consumption.

I know I pushing this issue, but the OP needs to be aware that she is in no way responsible for any of this and that she does have rights and those rights were violated. What happened was not okay and it was not excusable.

:clap:

I'm just not sure that you gain very much if your colleagues are reprimanded for harassment and you are reprimanded for leaving an unlabeled biological hazard in a public fridge. I suspect that in some workplaces the latter would be regarded as the greater offence.

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what poo heads
i would be putting a sign on the fridge door
"to the people that drank the milk in the babies bottle in the fridge the other day- you drank breastmilk that could have possibly be contaminated! Please come go and get yourself checked by a doctor!"

might be enough for them to cack their pants and go see a doctor who will hopefully scare the crap out of them and give them a stern talking to!!
Joke back on them i say!!

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HAHAH my DH just said it should have a sign that said
Who is the bloody idiot that drank the bull semen I had in the baby bottle

I'm pretty sure that would shut them right up :-P

No. OP has a right to store BM in the fridge. Sure it was not labeled but it was completely obvious what it was, there is no way to deny it. It would be discrimination to tell her she can not have very obvious BM in the fridge. If there was no policy on *how* it was to be stored, that's not her fault. Let's not treat these pig headed guys like they're innocent little victims of a misunderstanding here; any reasonable adult can see new mother + milk + in a baby bottle = breast milk that is not to be touched. I think it's worth reporting just to make sure the idiots who did this are made aware that that is not appropriate behaviour...sure, the OP has taken it all remarkably in we strode and is handling the situation with grace...what if they go and do the same to another mum who is in a different situation?

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I'm just not sure that you gain very much if your colleagues are reprimanded for harassment and you are reprimanded for leaving an unlabeled biological hazard in a public fridge. I suspect that in some workplaces the latter would be regarded as the greater offence.

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It's breastmilk, not acid. In a baby's bottle. It could be said that putting it in what was clearly a BABY'S bottle would be labelled enough - it's not like it could be mistaken for a water bottle.

If there really truly was no policy then fair enough. But if there is (hidden in page 274b in the tiny print) then it may be risky.

Risky how exactly? Oops, didn't follow policy that was difficult to access...wrist slap. As opposed to oops, stole from colleague, contaminated other colleagues drinks without their knowledge...what difference would a label on a baby bottle, filled with milk, have made to this situation? If the bottle was not sign enough not to touch, a little label would not have made a difference.

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I'm just not sure that you gain very much if your colleagues are reprimanded for harassment and you are reprimanded for leaving an unlabeled biological hazard in a public fridge. I suspect that in some workplaces the latter would be regarded as the greater offence.

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I don't think it is a case of reprimanding colleagues, more of educating them. They need to know that what they did was not funny, it is very serious with serious consequences - a baby without food, feeding unknowing victims another person's bodily fluids etc. They can still be in a lot of trouble if anyone that drank the BM complains.

The bottle did not need to be labelled. Unless the workplace has a policy that has been specifically made known to the OP (and they would need a signed piece of paper to prove this), there are no OHS laws specifically pertaining to the storage of BM in a workplace fridge. There are laws about the rights of BFing mothers though and the laws protect their right to be free from discrimination.

The workplace could still reprimand the OP, but it would be against the law. All the OP needs to do is front up to a no win, no fee lawyer and say that she feels unsafe at work and describe this incident and I suspect the workplace would be up for a huge payout. If they have a decent HR team, they would know this too and handle this complaint very seriously. This is actually a pretty big deal and it is really not okay.

Just Me rocks. I agree with her posts here completely.

I get what you are all saying.

But I think what KMN is saying that in some workplaces they will use anything to get out of something, or better yet remove the facilities as a whole in order to prevent them getting sued etc in the future.

And whether or not it's EBM, it's still seen as bodily fluids and a biohazard. Which sucks but it's true.

What sucks more is there should be more laws to protect women against this sort of thing. It's a disgrace. I'd be absolutely livid.

So it's not about blame, it's about passing the buck. Women should be allowed to pump and store breastmilk safely in any work environment. And unfortunately in Australia it isn't always the case.

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If there really truly was no policy then fair enough. But if there is (hidden in page 274b in the tiny print) then it may be risky.

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In order for it to be true OHS law, it has to be enforced. There has to be ongoing management, consultation with staff etc. They can't have *secret* rules that they pull out when it suits them. And even then, if the OP feels that the OHS law creates a hostile work environment (eg - turning this incident around and holding her responsible) then it is against the law. Workplaces have to be inclusive.

As far as I'm concerned it shouldn't matter WHAT was in the bottle. I'm sure that there was no other baby bottles in the fridge belonging to any of the other men, therefore whoever took it out and used it for whatever purpose was knowingly STEALING from someone else. Would it make a difference if what was taken was the OP's salad sandwich? It's still stealing and that is just plain wrong. It was clearly not the property of whoever took it from the fridge.

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I get what you are all saying.

But I think what KMN is saying that in some workplaces they will use anything to get out of something, or better yet remove the facilities as a whole in order to prevent them getting sued etc in the future.

And whether or not it's EBM, it's still seen as bodily fluids and a biohazard. Which sucks but it's true.

What sucks more is there should be more laws to protect women against this sort of thing. It's a disgrace. I'd be absolutely livid.

So it's not about blame, it's about passing the buck. Women should be allowed to pump and store breastmilk safely in any work environment. And unfortunately in Australia it isn't always the case.

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They have recently updated the sexual harrassment laws to tighten this up a bit. The new laws came into being on 1 July. It doesn't mean the workplaces will be handle things better, but it does mean more rights legally which means that the OP can fight this in court if she wants to. I know that it is probably not the chosen path, but I think it is about understanding you have the right sometimes, but not necessarily acting on it. Knowing your rights can be incredibly empowering.

I also think that just because the attitude of the workplace is wrong, doesn't mean that we shouldn't give a more balanced view of it here. We need to stand up for each other and be careful that we are not pointing the finger at the victim (not that I think anyone is doing that here but sometimes statements can come across that way).

I think that what I am getting at is that this was unlikely to be intended to starve your baby and expose your colleagues to risk. Some pea-brained twit thought it would be funny.
That doesn't make it right.
I'm not sure what I would do in that situation - the first thing would be to ensure that it was completely and utterly impossible for this to ever occur again "by mistake". And possibly the second would be to request that I be provided with somewhere safe to store my baby's milk since the facility provided is obviously not working. And that a similar facility be available to all Mums.
It is a difficult situation.

Another point to consider... 200mls is actually quite a lot. This wasn't taking a little bit for coffee as a joke... This was using an entire bottle, cleaning it and then displaying it for the OP to see (IF it wasn't someone cleaning out the fridge or something)

If it was done on purpose it is clearly harassment IMO. Even the fact that no one will say what happened to it. It isn't your red bull or ice coffee... It is your child's food!!!!


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By making a joke about this I think you've been made a victim of harassment. And being too scared to speak to mgt or make a complaint because of the culture is discrimination against you.

I would call the union and speak to someone (not at your workplace) about the best way to handle this situation. If you aren't a member of a union, then the Sex Discrimination Commission office is another independent body that can give you advice.

FWIW, it might be as simple as having a few flyers posted around letting ppl know what the rights of a mother returning to work are, or a simple chat with your mgr to put aside a space for you in a less communal situation. I don't think this needs to be controversial, but I do think that you should be able to go to HR to smooth the way for yourself going forward. I'm pretty confident your company's policies would wax lyrical about anti-discrimination, so this is the chance for them to prove it.

As for the 'jokers', gee, what a sad excuse for humour. Making fun of a bfing mother and her wonderful milk. Pity none of them are intelligent enough to see how sad that is.