Following amendments made by Safe Work Australia in June 2022, Western Australia’s Work Health and Safety (WHS) Regulations were updated with new provisions relating to psychosocial risks and specific regulatory duties on how employers are required to manage them. These changes commenced on 24 December 2022.

What is a psychosocial hazard?

A psychosocial hazard is anything that could cause psychological harm. Common psychosocial hazards at work include but are not limited to job demands, low job control, poor support, lack of role clarity, inadequate reward and recognition, poor organisation justice, remote or isolated work, violence and aggression, traumatic events or material, bullying, harassment, conflict, and poor work relationships.

How do psychosocial hazards cause harm?

Psychosocial hazards can create stress. This can cause psychosocial or physical harm. Stress itself is not an injury, but if employees are stressed often, over a long time, or the level if stress is high, it can cause harm. Psychological harm may include anxiety, depression, post-traumatic stress disorder, and stress disorders. Physical harm may include musculoskeletal injuries, chronic disease, or fatigue related injuries.

What about employees who experience more than one psychosocial hazard?

Psychosocial hazards may interact or combine to create new, changed, or higher risks. It is important to consider all the psychosocial hazards employees may be exposed to when managing psychosocial risks. Some hazards may not create psychosocial risks on their own but may do so if combined with other hazards. For example, when workloads are high the risk may increase if employees cannot take breaks or there is no one around to help. Some hazards may only create risks on their own when severe.

How do employers manage psychosocial risks?

The new model WHS laws states that employers must eliminate psychosocial risks, or if that is not reasonably practicable, minimise them so far as is reasonably practicable. Psychosocial risks can be managed by following and implementing a robust risk management process, in consultation with employees and any health and safety representative (HSR).

While everyone has a role in managing psychosocial risks, the primary duty of care falls on the employer to ensure employees and other persons are not exposed to risks to their psychological or physical health and safety.

To manage psychosocial risks, employers must:

  • Identify reasonably foreseeable hazards
  • Eliminate psychosocial risks if it is reasonably practicable to do so, or if it is not reasonably practicable to eliminate these risks, minimise them so far as is reasonably practicable
  • Maintain control measures to ensure they remain effective
  • Review control measures when required

In order to determine what control measures to use, employers must have regard to all relevant matters including:

  • The duration, frequency, and severity of exposure to hazards
  • How psychosocial hazards may interact or combine
  • The design of work and systems of work
  • The design, layout and environmental conditions of the workplace including providing safe means of entry and exit, and facilities for the welfare of employees
  • Plant, substances, and structures at the workplace
  • Workplace interactions or behaviours
  • Information, training, instruction, and supervision provided to employees

Do employers need to consult employees?

Employers must consult employees and any HSRs who are likely to be affected by a WHS matter. For example, when a psychosocial hazard is identified and it is being decided what control measures to use. This means:

  • Sharing relevant information with employees
  • Giving employees a reasonable opportunity to express their views, raise WHS issues and contribute to the decision-making process
  • Taking those views into account before making decisions on WHS matters
  • Advising employees of the outcome of consultations in a timely manner

Why is managing psychosocial risks so important?

In addition to fostering and creating a safe and healthy workplace, employers who are negligent in effectively managing psychosocial risks in the workplace can be penalised in serious cases. Previously, a category offence involved an employer who engages in conduct that recklessly exposes a person to a risk of death or serious injury or illness. Including negligence as a fault element to this category lowers the bar for conviction and means that both reckless and grossly negligent employers can now face the most serious consequences and penalties.

Have you got policies and processes in place to effectively managing psychosocial risks in your workplace? Ensure your business is safe and compliant, get in touch with our team for an obligation free chat. Find our articles helpful? Remember to follow us on Facebook, Instagram or LinkedIn to keep up to date with our practical tips and information for business owners and managers.