Addressing Psychosocial Risks and Hazards

In Australia, businesses are legally bound to address not just physical workplace hazards, but also psychological ones – the law doesn't differentiate between risks you can see and those you can't, meaning they must actively manage both to ensure a safe and healthy work environment for their employees.

Beyond simply complying with the Model WHS Act, managing psychological risks is crucial for creating a workplace where employees feel supported, engaged, and empowered to thrive. Neglecting these risks can result in increased absenteeism, lowered morale, and potentially significant legal repercussions, demonstrating that fostering a healthy work environment is not just a formality, but a vital aspect of safety management

The new Queensland Code of Practice for managing workplace psychosocial hazards started on April 1, 2023

The "Managing the risk of psychosocial hazards at work Code of Practice" is a practical guide that helps employers prevent harm from these hazards, including both psychological and physical harm. This code became effective on April 1, 2023. The psychosocial hazard regulations (the Regulations) provide more specific details on how duties under the Work Health and Safety Act 2011 (WHS Act) must be performed. The associated Code of Practice (The Code) is an approved code under this Act

The Code and Regulations commenced on 1st of April 2023 and apply to all work and workplaces in Queensland, covered by the WHS Act

The regulations and the Code of Practice apply to a broad range of people in a workplace, including employers, workers, contractors, apprentices, trainees, students, and volunteers. However, they do not cover some Queensland mining and resources workplaces or Commonwealth government departments and agencies.

The WHS Act already defines "health" to include both physical and psychological health. The new regulations further define key terms like 'psychosocial hazard' and 'psychosocial risk' and clarify what businesses must consider when managing these risks.

These regulations will give the WHS Regulator a clearer framework for ensuring compliance. The ability to take enforcement action using the Code and Amendment Regulation specifically also came into effect on April 1, 2023.

Consequences of Non-Compliance

Failing to comply with work health and safety laws can lead to serious consequences, including:

Prosecution: WHSQ can initiate legal proceedings against individuals or businesses
Fines: Significant financial penalties may be issued.
Imprisonment: In some cases, serious breaches can result in a jail sentence.
Injuries or Fatalities: Most importantly, non-compliance can lead to accidents, serious injuries, or even fatalities in the workplace.

Based on the text you provided, employers in Queensland need to take a proactive approach and ensure they understand their obligations.

If an employee makes a complaint, an employer should:

1. Act immediately to ensure immediate safety
2. Treat all matters seriously
3. Maintain confidentiality and remain neutral
4. Support everyone involved and do not victimise anyone
5. Communicate the process and outcomes, while maintaining confidentiality where necessary
6. Keep records of the process

Next Steps for Employers

You should know that psychological hazards in the workplace can cause significant problems. These can lead to work-related stress, loss of productivity, psychological and physical injuries, and a decline in workplace culture and morale.

To address these issues, you need to take proactive steps to eliminate or minimize psychosocial risks. You can demonstrate that you've done this by implementing the right mechanisms, such as:

Policies and Procedures: Establishing clear rules for conduct and safety
Work Standards: Setting transparent expectations for how work should be done
Transparent Processes: Making sure that procedures like investigations are fair and open
Training: Providing training for both leadership and employees

Call 1300 140 300 to discuss your needs further
or email: info@counsellingqueensland.com.au