New Regulations to Manage Psychosocial Risks

OWEN WEBB - AHA | SA DEPUTY CEO

The South Australian Government have recently introduced amendments to the Work Health and Safety Regulations 2012 (SA) (WHS Regulations) which require Persons Conducting a Business or Undertaking (PCBU) (i.e. employers) to manage the risks of psychological injuries and illnesses in the workplace. These amendments, the Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023, place legal obligations on PCBU’s to ensure that they identify any psychosocial hazards in their workplace and manage and control the risks associated with such hazards.

WHAT IS A PSYCHOSOCIAL HAZARD?

So, what constitutes a psychosocial hazard in the workplace? Regulation 55A of the WHS Regulations defines a psychosocial hazard as a hazard that –

(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 it may also cause physical harm).

To put this into context, the following could be considered hazards in the workplace that could lead to psychological harm:

• Job Demands which are either too high or too little in terms of work and responsibility.

• Low levels of job control.

• Poor levels of worker support in terms of being able to ask for assistance or further training.

• Lack of clarity over an individual’s job role or responsibilities.

• Poor relationships within the workplace including an environment where there is unacceptable behaviours, harassment or bullying.

• Lack of clarity in terms of management’s decision making on changes within the business.

• A lack of consistency in relation to the treatment of some workers compared to others.

• A lack of recognition and reward

• Poor environmental conditions such as working in extreme temperatures, using unsafe machinery and poor noise and lighting levels.

WHAT IS A PSYCHOSOCIAL RISK AND HOW DO WE ASSESS SUCH RISKS?

A psychosocial risk is defined under Regulation 55B of the WHS Regulations as “… a risk to the health and safety of a worker or other person arising from a psychosocial hazard”.

The greater the level of risk to an individual from a psychosocial hazard the more likely it is that that individual will suffer from psychological harm such as stress, anxiety, fatigue or musculoskeletal disorders.

• It is therefore important that PCBU’s when undertake a risk assessment of their work, health and safety risks, also include an assessment of any psychosocial risks. To determine the level of risk, the assessment needs to look at how likely the person is to be exposed to the risk and how serious the harm could be if exposed to the risk.

• Psychosocial risks can be assessed through a range of means including:

• Under taking a psychosocial health and safety checklist which looks at psychosocial hazards in the workplace and talking with employees to determine the level of risk in areas such as work demands, behaviours in the workplace, working conditions, levels of worker support, levels of job control, training and supervision, levels of recognition and reward.

• Under taking workplace pulse checks/culture surveys

• Review data from incident reports, workers compensation claims, use of employee assistance programs, levels of absenteeism.

HOW CAN A PCBU CONTROL PSYCHOSOCIAL RISKS IN THE WORKPLACE?

Where possible a PCBU should always aim to eliminate any psychosocial risks from their workplace completely.

However, the ability to eliminate such risks may not always be possible and therefore a PCBU when trying to control risks should have regard to reducing the risk as far as reasonably practicable by utilising the hierarchy of control. The hierarchy of control aims to reduce the risk to workers by looking at the following process:

1. Doing 1 or more of the following - substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; isolating the hazard from any person exposed to it; implementing engineering controls

2. If a risk then remains, the PCBU must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls

3. If a risk then remains, the PCBU must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Measures that can be implemented to control such psychosocial risks can include;

• Regular team meetings and appropriate workplace consultation on changes

• Ensuring employees have appropriate position descriptions in place which clearly outlines the job role and responsibilities.

• Ensuring there are appropriate policies and procedures in place in relation to both expected and unacceptable behaviours of employees.

• Ensure there are appropriate support mechanisms in place for employees if in the event they have an issue or grievance.

• Wherever possible allow for appropriate flexibilities for workers in the work environment.

• Under taking performance reviews

• Ensuring employees have the opportunity for career development and ongoing training.

• Ensure that working conditions are appropriately monitored and maintained.

WHERE CAN I GO FOR FURTHER ADVICE ON PSYCHOSOCIAL HAZARDS AND RISKS IN THE WORKPLACE?

Members can discuss these amendments with the AHA|SA, however there are also a range of external materials and guides that members can access from sources including:

• SafeWork SA - Psychosocial hazards & work-related stress | SafeWork SA

• Safe Work Australia - Psychosocial hazards | Safe Work Australia