Managing psychosocial hazards at work – What do employers need to do?
Queensland has a new Work Health and Safety Code of Practice, “Managing the risk of psychosocial hazards at work” (“Code”) which provides practical guidance to persons conducting a business or undertaking (“PCBUs”) on how psychosocial hazards and risks can be managed or controlled. The Code can be used to help determine what is reasonably practicable to reduce psychosocial risk.
The Code coincides with changes to the Work Health and Safety Regulations (“Regulations”) which specifically address psychological hazards or risks to psychological health.
What Is a Psychosocial Hazard?
Psychosocial hazards are anything in the design or management of work that increases the risk of psychological or physical harm.
What Are Some Common Psychosocial Hazards in The Workplace?
Common psychosocial hazards include:
• High and/or low job demands
• Low job control
• Poor support
• Lack of role clarity
• Low reward and recognition
• Poor organisational justice
• Remote or isolated work
• Traumatic events
• Poor environmental conditions
• Fatigue
• Violence and aggression
• Bullying
• Harassment, including sexual harassment
• Poor workplace relationships, including interpersonal conflict
What Does the Code Say?
The Code includes information about the most common psychosocial hazards, who has duties relating to psychosocial hazards, what is reasonably practicable in managing these hazards, as well as other laws that duty holders should be aware of.
How Does the Code Interact With Responsibilities Under Work Health And Safety Legislation?
The Work Health and Safety Act (“Act”) states that all people should be given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable. The Act includes a definition of health which means both physical and psychological health.
The amendments to the Regulations impose a positive duty on PCBUs to manage against the risk of psychosocial hazards in the workplace. The Regulations also introduce a definition of psychosocial hazards and controls to manage these risks.
The Code provides practical guidance on how to comply with the requirements under the Act and Regulations.
Who Do the Code and Regulations Apply To?
The Code and Regulations apply to all work and workplaces covered by the Work Health and Safety Act 2011 (Qld) (“Act”).
The Code and Regulations do not apply to some Queensland workplaces in the mining and resources industries, and Commonwealth government departments and Australian Public Service agencies.
When did the Code and Regulations Commence?
The Code and Regulations both commenced on 1 April 2023.
What Should PCBUs Be Doing to Ensure Compliance with the Code and Regulations?
PCBUs must adopt a risk management process, including eliminating psychosocial risks, so far as is reasonably practicable, or if it is not reasonably practicable, minimising psychosocial risks.
The Code suggests a risk management process involving four steps:
Step 1: Identify Psychosocial Hazards
The Code recommends consulting with workers and health and safety representatives (“HSRs”) (if applicable) to identify hazards that could lead to psychosocial risks. These hazards could be identified, for example, by reviewing reports and records, talking and listening to workers and using a survey to obtain information from staff.
Step 2: Assess the Risk
Once a psychosocial hazard has been identified, the next step is to assess the risk it poses and decide how to control it. A risk assessment should be carried out for any hazards that have been recognised where the risk or accepted control measures are not well known.
Step 3: Control the Risks
PCBUs need to implement measures that either remove or reduce hazards as effectively as possible. There are three possible levels of control:
1. Removing the risk completely and therefore eliminating the hazard;
2. Eliminating as many of the risks associated with the hazard as possible (for example, isolating the hazard from workers or replacing the hazard with a safer alternative);
3. Relying on human behaviour and supervision to control the risk. This is considered the least effective way to reduce risk.
Step 4: Review the Controls
The final step is to maintain and review the control measures regularly to ensure they remain effective over time.
Other Important Matters to Note
The necessary controls for regulating psychosocial risks in the workplace will differ according to the type of organisation and the nature of the work being undertaken.
An important thing to remember is that all steps in the process must be supported by workplace consultation.
Employers should keep records of the risk management process as this may help to demonstrate what has been done to meet the obligations under the Act and Regulations.
What If A PCBU Does Not Comply with The Code?
Workplace Health and Safety Queensland (“WHSQ”) regulates work health and safety matters in Queensland. The regulator works to ensure that work health and safety laws are being followed, investigates work related fatalities and serious injuries, takes legal action when laws are broken and educates employees and employers on their obligations. WHSQ inspectors conduct workplace visits to monitor and enforce compliance.
The introduction of the Code indicates that the regulator will be closely monitoring the management of psychosocial hazards in workplaces so employers should be considering any risks they have and managing them appropriately to prevent any findings of non-compliance.
Enforcement action may be taken where there is a failure to manage risks associated with psychosocial hazards, as well as health and safety more broadly.
Now is the time for employers (if they have not already) to conduct risk management processes under the guidance of the Code to ensure the psychosocial safety of their workers.
Contact our employment law team if you have any questions about the Code and its impacts on your business including the steps you will need to take to ensure you comply with the Code.
The content of this article is intended to provide a general guide to the subject matter. Specific advice should be sought about your particular circumstances.