In Australia, the conversation around workplace safety is evolving. While we’ve long focused on preventing physical harm, such as slips, trips, and falls, there’s now a greater emphasis on psychological safety.
The Legal Framework
Much of Australia’s Work Health and Safety (WHS) laws are based on the model WHS Act and Regulations developed by Safe Work Australia (SWA). Apart from Victoria, which has its own Occupational Health and Safety Act, the model laws (or variations thereof) have been implemented in each state and territory through their respective legislation and regulations.
While WHS laws have long covered psychological health, recent changes in the model regulations and new codes of practice make it even clearer that employers have a positive legal duty to manage psychosocial risks. These changes prescribe how such risks should be identified and managed at work.
New South Wales, Western Australia, Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory have either adopted SWA’s Code of Practice: Managing Psychosocial Hazards at Work or implemented similar codes. Victoria is expected to implement its own regulations shortly.
SWA and state and territory regulators like SafeWork NSW, WorkSafe Victoria, WorkSafe ACT and WorkCover Queensland, provide resources to help businesses comply with their obligations. On their respective websites, employers can access the relevant laws, regulations, and guides specific to their jurisdiction.
What Are Psychosocial Risks and Hazards?
Under the model regulations, a psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.
Psychosocial hazards are essentially anything at work that has the potential to cause psychological harm. They can arise from how work is designed, managed, and organised, as well as from the environment and the way people interact with each other.
These risks can lead to stress, anxiety, burnout, and in serious cases, physical and psychological injuries. For businesses, the consequences can include a drop in productivity, increased absenteeism, and a negative workplace culture.
Common Psychosocial Hazards
Psychosocial hazards aren’t always obvious. They can be subtle and build up over time. Common hazards include:
- High job demands: This includes excessive workloads, unrealistic deadlines, high pressure, and frequent exposure to emotionally distressing situations.
- Low job control: When employees have little or no say over how and when they do their work, it can create a sense of powerlessness and stress. This includes situations where work is highly monitored or a person’s role is tightly scripted.
- Poor support: This can be a lack of practical or emotional support from managers and colleagues. It might mean an employee is not getting the resources, training, or information needed to properly perform their job.
- Lack of role clarity: When an employee’s responsibilities, expectations, or priorities are unclear, it can lead to confusion, conflict, and stress.
- Poor organisational change management: Change is a constant in business, but when it’s poorly managed, it can cause job insecurity, anxiety, and uncertainty for employees.
- Poor workplace relationships: This includes bullying, harassment (including sexual harassment), violence, aggression, and ongoing conflict. These behaviours are extremely harmful and are a significant psychosocial risk.
- Inadequate reward and recognition: Not acknowledging or properly rewarding performance can lead to employee disengagement and a sense of unfairness.
- Remote or isolated work: Working alone or in isolation can potentially increase both physical and psychological risks.
- Traumatic events: Being exposed to a traumatic event or material at work, such as in emergency services or child protection roles, is a significant psychosocial hazard.
A Practical Approach to Managing Psychosocial Risks
Managing psychosocial risks is a process, not a one-off task. Safe Work Australia provides a clear risk management framework that businesses can follow:
- Identify the hazards: This is the first step. You can’t fix a problem you don’t know about. Businesses should talk to their workers, conduct surveys, and review records like staff turnover, absenteeism, and workers’ compensation claims to spot patterns and potential hazards.
- Assess the risks: Once a hazard is identified, the business needs to assess how severe the risk is. This involves looking at how often, for how long, and how seriously a worker might be exposed to the hazard. For example, a one-off high-pressure deadline is different from constant, unachievable deadlines over a long period.
- Control the risks: Businesses must implement effective control measures. This could involve changing how work is organised, providing better training and resources, fostering a more supportive culture, or developing clear policies on bullying and harassment. The best control measures address the root cause of the hazard, rather than just the symptoms. For instance, rather than simply offering a stress management course, a business might adjust workloads to reduce the source of the stress itself.
- Review and maintain: To ensure continuous improvement, a business should regularly review the effectiveness of its control measures. The workplace is always changing, so what works today may not work in 12 months.
Key Takeaways
Managing psychosocial risks in the workplace has become a major focus for Australian businesses. These risks are factors that can negatively impact the mental health, well-being, and productivity of employees. Unlike physical risks, which are often more visible, psychosocial risks relate to the psychological and social aspects of work.
Across Australia, employers have a legal obligation to manage these risks to create a safe and healthy work environment. Businesses must follow a risk management process to identify, assess, and control these risks, noting that proactive measures are far more effective than simply reacting to problems.
The above is a general overview only and does not constitute legal advice. Australian businesses and employers should familiarise themselves with the laws and regulations specific to their jurisdiction and seek legal guidance as necessary. If you or someone you know wants more information or needs help or advice, please call (02) 5127 5261 or email [email protected].