Psychosocial Health and Safety
The Queensland government released Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022 that commenced on 1 April 2023.
This change amended the current Work Health and Safety Regulation 2011 and made provisions that outline the duty to manage Psychosocial Health risks for workers in the workplace. Businesses are now required to play an active role in ensuring the psychological health and safety of workers.
Psychosocial health hazards are aspects of the work environment and the way that work is organised that are associated with mental disorders and/or physical injury or illness. When psychosocial hazards are not effectively managed, they can negatively impact on organisational measures including productivity, absenteeism and turnover.
The new legislation lists several topics that the business must consider when determining control measures to implement to eliminate or reduce exposure to psychosocial risks. The changes also provide clear definitions:
– psychosocial health hazard
(a)arises from, or relates to
(i)the design or management of work; or
(ii)a work environment; or
(iii)plant at a workplace; or
(iv)workplace interactions or behaviours; and
(b)may cause psychological harm, whether or not the hazard may also cause physical harm.
– psychosocial health risk
(a) risk to the health or safety of a worker or other person from a psychosocial hazard.
Numerous documents are available to businesses to assist in eliminating or reducing psychosocial health risks in the workplace. Safe Work Australia has published a fact sheet for ‘Preventing psychological injury under work health and safety laws’ and ‘Psychological health and safety guide: A systematic approach to meeting your duties’. These are freely available off their web page. Each State also has information and training material to assist in implementing change relating to this workplace hazard.
6th June 2022, SafeWork Australia published amendments to the model WHS laws. Among other things, the amendments create a positive obligation for employers to implement control measures for psychosocial risks. In July 2022, Safe Work Australia also published a Model Code of Practice: Managing Psychosocial Hazards at Work (the Model Code). The Model Code provides additional guidance on managing psychosocial hazards at work. Since May 2021, NSW has had its own independent Code of Practice: Managing Psychosocial Hazards at Work (the NSW Code), which gives guidance on eliminating and minimising psychosocial hazards in the workplace.
The changes to the model WHS Regulations include:
- defining psychosocial health hazards as hazards that may cause psychological harm and that arise from the design or management of work, the work environment, plant, or interactions or behaviours at the workplace
- creating a separate process to control the risks posed by psychosocial hazards distinct from the hierarchy of controls (except in the case of hazards that are both psychosocial and physical) such as modifying the design, layout and environmental conditions of the workplace, and reviewing how work is managed, organised and supported.
The changes to the WHS Legislation across Australia mean that employers are now explicitly required to manage psychosocial health risks in their workplace as well as physical risks. The psychosocial health risks must be managed by implementing relevant control measures, having regard to the very broad factors as provided by the new provisions, such as the design of the workplace that can impact the mental health of workers. A failure to address this requirement may result in a breach of a PCBU’s duty and penalties may be imposed on both the PCBU and its officers.
Under the WHS Legislation the PCBU has a primary duty to, so far as is reasonably practicable, ensure the health and safety of workers and that any other individuals are not put at risk to health and safety. The Act defines ‘health’ as “physical” and “psychological” health.
What specific steps can companies take to address psychosocial health and safety in the workplace?
- Foster an open and supportive work environment that encourages employees to raise issues and voice concerns.
- Promote healthy behaviors in the workplace through wellness initiatives and access to resources.
- Establish a clear policy for reporting safety and psychosocial concerns.
- Provide mental health and stress management training for managers and supervisors.
- Provide access to mental health resources such as counseling and employee assistance programs.
- Provide feedback mechanisms such as anonymous surveys and suggestion boxes.
- Ensure effective communication and collaboration between employees and management.
- Create a team-oriented culture that encourages employees to work together and celebrate successes.
- Create a flexible work environment that allows employees to balance their professional and personal lives.
- Encourage employees to take regular breaks and get enough sleep.
What support is available for persons struggling with psychosocial health and safety issues?
- Beyond Blue: Beyond Blue is an Australian non-profit organisation that provides information and support to help everyone in Australia achieve their best possible mental health. They provide a 24/7 helpline, online forums, and other resources to support people with mental health issues.
- Mental Health Australia: Mental Health Australia is the peak, national non-government organisation representing and promoting the interests of the Australian mental health sector and committed to achieving better mental health for all Australians. They provide a range of resources, including information on mental health services, treatment and support.
- Head to Health: Head to Health is the Australian Government’s online mental health portal. It provides access to trusted mental health and wellbeing resources from across the Australian Government, states and territories, and non-government organisations.
- Lifeline: Lifeline is a national charity providing all Australians experiencing a personal crisis with access to 24-hour crisis support and suicide prevention services. They provide a range of resources, including a 24/7 crisis support line, online chat, and other support services.
- Black Dog Institute: The Black Dog Institute is a world leader in the diagnosis, treatment and prevention of mood disorders such as depression and bipolar disorder. They provide a range of resources, including information on mental health conditions, treatments and support.
- SANE: SANE is for people with recurring, persistent or complex mental health issues and trauma, and for their families, friends and communities.
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.