A recent case held in the Melbourne Magistrates’ Court found Court Services Victoria (CSV) to breach the Occupational Health and Safety Act 2004 (Vic) occurring between 2015 and 2018 and issued a fine of almost $380,000. This significant penalty demonstrates the serious consequences for employers who do not take steps to ensure their workplaces are conducive to the mental health of employees.

Inappropriate conduct in the workplace

Complaints had been made to CSV of inappropriate conduct within the business including bullying, favouritism, cronyism, verbal abuse, derogatory comments, intimidation, invasion of privacy and perceived threats to future progression.

This is in addition to significant mental health issues that already existed at CSV who oversee the Coroners Court of Victoria, due to the nature of the business and the exposure to traumatic material when dealing with sudden deaths in Victoria.

CSV was found to have failed to act on the complaints with several employees taking stress leave due to the workplace environment. One employee was diagnosed with a work-related major depressive disorder and died by suicide.

Breaches of the Occupational Health and Safety Act 2004 (Vic)

The Occupational Health and Safety Act 2004 (Vic) establishes a duty on employers to provide and maintain a working environment that is safe and without risks to the health of employees, including psychological health. CSV conceded that it had failed to adopt an adequate process for identifying risks to psychological health in the workplace.

The Magistrates’ Court found that the gravity of the offending was significant, causing deep distress and putting the lives of employees at risk. This resulted in CSV receiving the maximum fine of $379,157 for the breach of its safety duty.

Psychological safety of employees

Employers must ensure the psychological safety of employees. This requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers and other persons. This includes both physical and psychological health. A failure to comply with this duty can lead to prosecution and fines.

To prevent work-related psychological injuries, employers should be consulting with employees to identify mental health hazards in the workplace. Common psychosocial hazards include poor job support, low job control, poor workplace relationships, remote or isolated work, and bullying and harassment.

Based on the hazards identified during employee consultation, appropriate control measures should be implemented. Control measures may include mechanisms for the anonymous reporting of hazards, training business leaders on mental health, placing barriers between employees and traumatic material, and giving workers more control over their workload.

Mental health hazards

Employers should also implement policies dealing with mental health hazards in the workplace. These policies should address how hazards are to be reported and detail the support mechanisms the business has in place for employees. Policies should be continually reviewed to ensure they remain appropriate and adapted to the hazards within the business.

This case serves as an important reminder of how important employee mental wellbeing is. Hazards such as inappropriate workplace behaviours and exposure to traumatic material are significant risks to the health and safety of workers. Employers need to consult with employees and implement measures, including workplace policies, to control these psychosocial hazards.

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