The Queensland Government has released a new “Code of Practice” into managing psychosocial hazards in the workplace. The introduction of this Code of Practice means that if an employee suffers a psychological injury in the workplace there is now a formal measure of what could have been put in place to prevent the injury.
This works in the same way as the Code of Practice relating to removing asbestos, or concrete pumping. If an employee (or workplace visitor) suffered an injury whilst these activities are taking place, the expectation is that the employer, or person conducting a business or undertaking (PCBU), is complying with the Code of Practice to minimise the risks as much as possible. Now there is a Code of Practice for all businesses to minimise the risk of psychosocial hazards in the workplace.
Psychosocial hazards are anything at work that may cause psychological or physical harm. These stem from:
- the way the tasks or job are designed, organised, managed, and supervised;
- tasks or jobs where there are inherent psychosocial hazards and risks;
- the equipment, working environment, or requirements to undertake duties in physically hazardous environments; and
- social factors at work, workplace relationships, and social interactions.
A series of examples of such hazards can be found here and include things such as poor recognition or reward for work, remoteness and isolation, bullying, sexual harassment, poor workplace relationships and poor support (among others).
In addition to the new Code of Practice the Work Health and Safety Regulations are being updated to include psychosocial hazard regulations (the Regulations). These Regulations will give more specific detail about how duties under the WHS Act must be performed.
The Regulations define important terms, such as ‘psychosocial hazard’, ‘psychosocial risk’, and clarify what matters PCBUs should consider when implementing ways to manage psychosocial risks.
The outcome for employers is that there is now a series of quantifiable steps which must be taken to prevent psychosocial injuries. Failure to comply with these minimum standards will leave employers open to prosecution for failing to provide a safe system of work. This was something which wasn’t possible before because there was no statutory benchmark against which an employer could be held liable. This is no longer the case.
Whilst the rights of employees to make a claim for psychological injuries has not changed, the new reality is that it will be easier to prove such injuries were caused “in relation to work” if the employer has not met their obligations under the Regulations and Code of Practice.
NBIA Members receive free over the phone and email HR & IR advice from our consultant. If you have any queries or concerns relating to this new Regulation, or any other workplace matter, please call the NBIA Membership Hotline 1300 557 022 or email the membership officer.