By Amanda Curatore

Psychological health is just as important as physical health in the workplace. Employers and persons conducting a business or undertaking (PCBU), have duties under Work, Health and Safety (WHS) laws to ensure as far as is reasonably practicable a safe workplace for all workers, which includes a psychologically safe workplace. Yet traditionally, work health and safety laws have not comprehensively detailed how employers and PCBUs can meet their obligations regarding psychological health.

In June 2022, the model WHS Regulations were amended by Safe Work Australia to clarify an employer’s obligations to identify and control psychosocial hazards in the workplace. However, the model WHS Regulations are just that – model regulations. Provisions under the model WHS Regulations don’t come into effect in a jurisdiction until that State or Territory has implemented them.

However, because of the review, both New South Wales (NSW) and Queensland (QLD) have taken steps to introduce regulations to positively deal with psychosocial hazards in the workplace.

Overview of the NSW Regulation

As of 1 October 2022, employers in NSW have new duties under the Work Health and Safety Amendment Regulation 2022 (the NSW Regulation) to eliminate or minimise workplace psychosocial risks. The NSW Regulations impose a duty on employers to respond to, manage and prevent psychosocial risks in the workplace.

The NSW Regulation makes it explicit that an employer or PCBU must manage psychosocial risks in the same way that other risks to health and safety (i.e., physical risks) are dealt with under the NSW Regulation.

So, what are psychosocial hazards?

The NSW Regulation defines a psychosocial hazard as a hazard that arises from, or relates to:

  • the design or management of work;
  • a work environment;
  • plant at a workplace; or
  • workplace interactions or behaviours that increase the risk of psychological or physical harm.

Examples of psychosocial hazards can include:

  1. Job demands;
  2. Low job control;
  3. Poor support;
  4. Lack of role clarity;
  5. Poor organisational change management;
  6. Inadequate reward and recognition;
  7. Traumatic events or material;
  8. Remote work;
  9. Violence and aggression; and
  10. Bullying and harassment.

What do the changes mean?

Pursuant to the NSW Regulation, a PCBU must:

  1. identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks; and
  2. introduce, maintain, and review control measures to eliminate (or minimise) psychosocial risks to health and safety so far as is reasonably practicable.

Overview of the QLD Regulation

Queensland has also taken positive steps to introduce clarity around targeting psychosocial hazards in the workplace. The Queensland Managing the risk of psychosocial hazards at work Code of Practice (Code) will come into effect on 1 April 2023. The Code is a practical guide on how to prevent harm from psychosocial hazards at work, including psychological and physical harm, and provides information for employers and PCBUs on how psychosocial hazards and risks can be controlled and managed.

The obligations under the Code substantially model the obligations under the NSW Regulation. That is, PCBUs must implement a risk management process to eliminate, so far as is reasonably practicable, psychosocial risks in the workplace. If it isn’t reasonably practicable to eliminate psychosocial risks in the workplace, then PCBUs must work to minimise such risks.

What does this mean for employers?

The implementation of the NSW Regulation and the Queensland Code on psychosocial risks is a warning for not only NSW and QLD employers but also employers nationally, to undergo a risk assessment and review their control measures concerning psychosocial hazards.

It’s advisable for employers to:

  1. Identify all existing and potential psychosocial hazards within the workplace;
  2. Assess the risks;
  3. Control the risks; and
  4. Review the controls.

We explore each step in further detail below:

1. Identifying risks and hazards

PCBUs should identify hazards that could lead to psychosocial risks. Hazards can be identified by:

  1. talking to employees;
  2. inspecting the workplace; and
  3. reviewing reports and records.

It’s important that when identifying hazards, PCBUs consult with workers since it’s the workers who will generally be aware of aspects of the work that create psychosocial hazards. The way workers are consulted must be decided in conjunction with workers. If there’s an agreed procedure for consultation, this procedure must be followed.

2. Assessment procedure

Once a PCBU has identified a psychosocial hazard, an assessment of the risk it poses must be conducted. Depending upon the assessment of the risk, i.e., whether the severity of harm it could cause ranges from discomfort or serious injury, a decision on how to control it must be made.

3. Control measures

Measures must be put into place which either remove the hazard or reduces them as effectively as possible. This can be achieved by either removing the hazard completely, eliminating as many of the risks associated with the hazard as possible by substituting the hazard for a safer alternative or relying on human intervention to control the risk. Depending on the level of risk that has been assessed will determine the level of control that is warranted.

4. Reviewing controls

Once control measures are implemented, they must be maintained and reviewed to ensure they remain effective over time. This ensures that control measures remain fit for purpose.

All employers and PCBUs, regardless of which State or Territory they operate in, must ensure as far as is reasonably practicable a safe work environment for all workers that are free from both physical and psychological risks. It’s therefore prudent that all employers familiarise themselves with the advice in this article to manage and control not only physical risks but also psychological risks that may occur in the workplace.

How HR Assured can help?

HR Assured, which is part of FCB, offers a complete best-practice WHS management system that caters for managing psychological hazards through its cloud-based HR software, HRA Cloud, and its 24/7 Telephone Advisory Service. When clients partner with HR Assured, they receive an initial WHS audit of their business and a comprehensive report that identifies any gaps in compliance and recommendations on how to fix them, with the guidance of our expert advisors.

The WHS module within HRA Cloud has tailored workflows that empower managers and employees to manage health and safety in the workplace, regardless of location, and free from paper-based admin.

Do you have a question about WHS or managing mental health in the workplace? For HR Assured clients, contact our 24/7 Telephone Advisory Service.

Not an HR Assured client and need some WHS advice? The team at HR Assured can support your business on a range of workplace matters. Contact us today to arrange a confidential, no-obligation chat.

Amanda Curatore is a qualified Solicitor at FCB and HR Assured. Amanda is highly experienced in providing workplace relations advice and assistance to clients in a wide range of matters including employment contracts, modern award interpretation, managing performance, bullying and harassment, terminations, and managing risk.