Mental Health in the Workplace
Obligations for Mental Health not only an EAP Program.
Yet another workers compensation case where a worker was exposed to a hazard in the workplace where the employer ought to have reasonably known would have caused a psychologically injury. In this instance the employer (PCBU) did nothing more than offer workers access to a free employee assistance program (AEP). For this case the workers role exposed them to instances of human exploitation. As a result, the worker developed a psychological injury that affected their work to the extent that they could no longer perform their role.
The subsequent workers compensation claim led to a claim for injury where the employer was held accountable by the courts for their failure to adequately discharge their obligations. Though there was a risk management system was in place to identify the hazards, assess the risks, decide on and implement appropriate controls then to monitor and review the process.
The PCBU did not identify that the information that the worker was required to access was highly probable to have resulted in a psychologically injury. The government agency had however provided for an external AEP company to be at the ready for their workers to call them should they have an issue. Then to only provide for 6 free sessions with a counsellor.
The courts found this process lacking, citing that the PCBU attempted to delegate their obligation to this external agency. The PCBU also appeared to make the worker responsible to contact the AEP if they felt the need. This is not how the WHS obligations are designed, and the courts made this clear in handing down their judgement.
The PCBU has a duty to the workers’ health and safety, as recent changes in the legislation made this clear that the ‘Health’ in health and safety related to physical and mental health. This is not a new concept as the relationship between injury illness (harm) has been in place across all the Australian jurisdictions since the inception of the health and safety legislation out of the Robens report.
Taking on the health aspect as it relates to psychologically injury was not taken on readily by many industries, but some embraced it at the basic level and implemented systems to assist workers after the fact. But the WHS legislation in Australia is designed to eliminate the sources of the harm, if not to reduce so far as reasonably practicable the exposure to them. Not to park the ambulance at the bottom of the cliff and only help after the fact.
People in general not just workers at work are exposed to stressors or hazards that impact on their daily psychologically injury toll. Family, money, or medical factors (and many others) play a part in affecting stress levels. Understanding many of these are not caused by or under control of the PCBU there are times when these people become workers and bring this with them to work. their work performance is affected and depending on the level of control they have over the workplace can make mistakes to this condition where other workers are placed at risk.
The PCBU has always had an obligation amongst others to.
- provide & maintain a safe and healthy work environment.
- provide and maintaining safe plant.
- ensure the safe use, handling, storage and transport of substances.
- ensure safe systems of work.
- provide information, instruction, training and supervision to ensure health and safety.
Each of which have aspects that relate to the mental health of the worker when they work in the workplace. If a worker is not able to perform the work due to external or internal factors the PCBU has an obligation to identify this and implement appropriate controls to ensure that the workers are safe. Not to only offer an AEP, that is only introduced during the workers induction and advertised on a few posters around the workplace showing the contact information.
PCBU duties for Mental Health
The PCBU is required to be proactive in their role and identify the hazards in the workplace that may lead to a psychologically injury. Understanding that the workplace is any place where the works for or at the direction of the PCBU. In some instance the hazard may not be within the physical building.
Examples of things (events) that can contribute to psychologically injury may include:
- a single event such as an armed robbery.
- workplace bullying and/or harassment.
- unreasonable action taken by management (WHS Qld).
Several additional events are listed on the Mental Health page of SafeWork Australia along with additional information on the topic. The PCBU must then determine the risks that may arise from these events, decide on and implement controls and ensure that a monitoring and review process is in place. All of this must be completed with consultation of the PCBU workers and other who may be affected.
Currently there are Government agencies and private businesses that are embracing the need to provide a (psychological) healthy workplace. A workplace where there is open discussion on the topic and a no blame workplace thrives. Managers are open to walk the walk and be with workers discussing day to day issues that affect all workers.
Workers are trained in *Mental First Aid and are in place to provide immediate assistance if needed.
*Mental health first aid is assistance given to someone who may be developing a mental health problem, experiencing a worsening of a mental health problem or may be in a mental health crisis. The worker is trained to provide this first aid until the person has been passed on to an appropriate professional treatment or the crisis is resolved.
Workers in these workplaces may also wear different apparel (floral shirt, brightly coloured helmet) to stand out in a workplace ready to help. Through the Mental Health First Aid Training workers, are encouraged to follow the ALGEE process being,
- Assess risk,
- Listen nonjudgmentally,
- Give reassurance and information,
- Encourage appropriate professional help, and
- Encourage self-help and other support strategies.
A point to note this is not placing the onus on the workers to resolve another worker’s mental health issues and does not abrogate the PCBU from their obligations. This is a component of a larger program that must be embedded into the WHS systems in a business. Systems that consider the mental health of workers alongside the physical health and safety issues.
DRA Consultants are trained and qualified in delivering Mental Health training to your senior leadership teams to start the process of monitoring the mental health of workers in your workplace.
For more information
If you are interested in our WHS Consultancy services, you can contact David, Andrew or Mark to discuss your Health and Safety Issues.
We have qualified and certified Safety Consultants that can assist you in your business and offer a range of WHS consulting services along with general and specific health and safety training courses.
Contact us today for an obligation free quote on any of our services.