In this session of our Psychosocial Hazards Focus series we addressed the most requested topic by our community members for this next installment in our professional development series: how to get started with psychosocial risk management.

Below you can find a summary of the information discussed. To access the full content, please watch the live session recording at the bottom of the page. 

Regulatory landscape Australia - Snapshot

_{*Disclaimer: This information is intended for general awareness purposes only. You are required to get acquainted with all the legislation pertaining to your jurisdiction and all its requirements.}

 _{Links to resources below:}

• _{Code of Practice: Managing Psychosocial Hazards at Work NSW (2021)}
• _{Occupational Health and Safety Act VIC 2004}
• _{Code of Practice: Managing the Risk of Psychosocial Hazards at Work QLD (2023)}
• _{Code of Practice: Psychosocial Hazards in the Workplace WA (2023)}
• _{Changes to the regulations under the Work Health and Safety Act 2012 SA (2023)}
• _{Code of Practice: Managing Psychosocial Hazards at Work TAS (2023)}
• _{Psychosocial Regulations NT (2023) in line with the model Code of Practice: Managing Psychosocial Hazards at Work}
• _{Code of Practice: Managing Psychosocial Hazards ACT (2023)}

Regulatory Landscape New Zealand - Snapshot

• Health and Safety at Work Act 2015
• Employment Relations Act 2000 

_{*Disclaimer: This information is intended for general awareness purposes only. You are required to get acquainted with all the legislation pertaining to your jurisdiction and all its requirements.}

Key Takeaways From The Legislation

A Person Conducting a Business or Undertaking (PCBU) has a duty to ensure, so far as is reasonably practicable, the health and safety of workers, including their psychological health and safety.

A psychosocial hazard = a hazard that arises from or relates to:

• the design or management of work
• a work environment
• plant at a workplace (e.g. machinery, equipment)
• workplace interactions and behaviours

and may cause psychological harm, whether or not the hazards may also cause physical harm.

In plain language:

• A psychosocial hazard is an aspect of work that causes ongoing stress. Chronic stress is the pathway to psychological and/or physical harm.
• Stress is not always bad. We need a measure of stress to live fulfilling lives.
• Stress becomes detrimental through duration, severity and frequency of exposure. In other words, too much exposure to it can harm us physically and psychologically

A Model of Health, Safety and Wellbeing

Achieving a state of health, safety, and well-being in the workplace involves a balance between job demands and job resources. Take a look at the figure below.

Job demands can take various forms, such as cognitive, psychological, social, or physical, and are essentially the tasks and responsibilities that workers must handle. Although often referred to as job stressors, it's important to recognize that stress is not inherently negative. In fact, a certain level of stress is necessary for growth, problem-solving, and engagement.

However, problems arise when there is a persistent imbalance between job demands and the resources available to meet them. This can lead to exposure to hazards like high work pace, heavy workloads, role ambiguity, role conflict, low role clarity, poor work relationships, or high cognitive load. If workers lack sufficient job resources to address these demands, the risk of injury emerges.

Conversely, adequate job resources act as protective factors. Positive work relationships, a fair organisational culture, and a sense of autonomy at work are examples of resources that can mitigate the impact of various hazards. While some jobs may inherently limit certain resources, such as autonomy, it's crucial to assess the impact on workers and address any resulting hazards and risks.

Given that psychosocial hazards are an inevitable part of most workplaces, it's essential to understand the aspects of work that contribute to them becoming risks and find ways to manage them effectively.

An Australian landmark court ruling and what it means for you

Kozarov v Victoria [2022] HCA 12

This case has set a standard with regards to how Courts will assess whether an employee’s risk of psychological injury at work is reasonably foreseeable to an employer, and therefore whether an employer has a relevant duty of care to proactively reduce the risk of injury.

Summary of facts

Ms. Kozarov claimed compensation for mental health injuries, which she attributed to her tenure as a lawyer in the Specialised Sexual Offences Unit (SSOU) at the Victorian Office of Public Prosecutions (OPP). Her duties involved handling child sexual abuse cases. As a consequence of repeated indirect exposure to trauma through her work, Ms. Kozarov developed chronic post-traumatic stress disorder (PTSD) and a major depressive disorder (MDD).

Court Ruling

The High Court, in three distinct rulings, affirmed Ms. Kozarov's entitlement to compensation. It was determined that the State of Victoria's negligence in ensuring a safe work environment contributed to the worsening and persistence of her PTSD and the subsequent onset of MDD.

Takeaways for your organisation

1. Claiming lack of awareness of psychosocial risks does not absolve you of your responsibility

2. A reasonable employer is expected to check on staff wellbeing and effects of work assignments

3. Line managers have a duty to identify and put in place controls around psychosocial hazards

4. Workplaces need proactive measures to maintain staff mental health and monitor staff for indicators necessitating intervention

5. When intervention is deemed necessary, it should be enacted promptly

How to apply these learnings in practice

1. Consult all of your staff, identify hazards and risks accurately.

2. Create a framework for managing psychosocial risk that includes preventative measures, not only reactive ones.

3. Implement controls that are evidence-based and that take into account your staff’s perspectives.

4. Measure efficacy of controls on an ongoing basis and make adjustments where needed.

5. Watch out for red flags like behavioural changes, unexplained absences, or variations in performance, including both under performance and overworking.

6. Take seriously and address in a timely manner concerns voiced by employees about being overworked, exposed to vicarious trauma or other hazards.

7. Implement training to enable management to understand the new legislation and identify psychosocial hazards accurately; to spot early warning signs; and have a toolkit of appropriate responses and controls to use when needed.

A simplified framework for identifying & managing psychosocial hazards