In the ACT, the Work Health and Safety Commissioner Jacqueline Agius is looking forward to a time when psychosocial hazards are given equal weight to physical hazards, Sue Osborne writes.
The Work Health and Safety Commissioner ACT and the Labour Hire Licence Commissioner recently presented to an IEUA NSW/ACT Branch planning meeting on Managing Psychosocial Hazards at Work.
The responsibility for schools to provide a psychologically safe workplace for employees may expand following publication of Safe Work Australia’s new model code of practice Managing Psychosocial Hazards at Work, Holding Redlich lawyers Rachel Drew and Aiyana O’Meara said.
“Employers nationwide increasingly are expected to provide a psychologically safe workplace, and recent developments signal a future in which Australian employers – including school employers – could face criminal prosecution for failing to adequately protect employees’ mental health,” they said
“The World Health Organisation (WHO) recently released guidelines on mental health at work, providing global public health guidance on interventions to promote positive mental health and prevent mental health conditions.
“In Australia, the responsibility for employers may be taken further following publication of Safe Work Australia’s Managing Psychosocial Hazards at Work (Model Code).
“All states and territories except Victoria have implemented ‘model’ work health and safety laws aimed at harmonising different jurisdictions.
“For the laws to be legally binding however, the Commonwealth, states, and territories must implement them as their own federal and state laws.”
In 2021 WorkSafe ACT launched its inaugural ‘Strategy for Managing Work-related Psychosocial Hazards 2021-23’.
Psychosocial hazards are not the same as mental health or wellbeing, but they can lead to mental health injuries if they are not controlled properly in the workplace. Wellbeing programs do not control hazards, they deal with the consequences of the hazards. Psychosocial hazards can include:
•overwork or underwork
•exposure to traumatic events
•role conflict or lack of role clarity
•low job control
•poor workplace relationships
•poor support from supervisors
•workplace violence
•bullying
•inadequate reward and recognition
•hazardous physical work environments
•remote or isolated working
•poor procedural justice and
•poor organisational change consultation.
Agius has an affinity for teachers, as her journey to her current role began after a traumatic workplace violence experience while working as a teacher.
“I firmly believe that incident led me to where I am today, WHS Commissioner in the ACT. Before becoming the Commissioner, Agius was a lawyer and then Senior Industrial Officer for the Australian Education Union in the ACT.
“I am committed to this role after listening to teachers and support staff talking about the risks they were being exposed to. I soon realised that despite the WHS laws in existence, they were still not safe in their schools.
“Health and safety risks in schools were not being addressed. The attitude of ‘it’s just part of the job’ was too common. You cannot look after your students if you are not safe and your employer has an obligation to protect you as well as the students.
“Psychosocial hazards are created by management practice and the way your work is organised. High workload, a chaotic workplace, lack of control, lack of support or consultation all add up.”
While psychosocial hazards are harder to recognise and define in the workplace, they are just as crucial. The more they are ignored, the more likely an escalation to incidents of bullying or sexual harassment.
In the ACT data shows psychosocial injuries cause people to have longer breaks from the workforce than physical injuries. Anxiety, depression and PTSD take a long time to heal, if they heal at all. Many people never return to work due to psychosocial injuries.
“Broken bones mend, sometimes minds never heal,” Agius said.
Identifying these risks in the workplace relies upon strong consultation by employers with all employees. Everyone must be able to have a say in a safe forum.
New psychosocial regulations
Recommendations made following a national review of Australia’s Health and Safety laws are leading to new legislation in each state dealing specifically with hazards to psychological health at work.
In January this year Tasmania introduced a new Code of Practice for managing psychosocial hazards in the workplace. The code sets out the legal duties for workplaces to prevent psychosocial hazards from causing injury and to effectively manage any injury which does occur.
In Victoria new regulations expected to be introduced later this year will place a legal obligation on employers to control psychosocial hazards in the workplace and take steps to prevent psychological injuries from occurring.
Employers will be required to document their plans for preventing psychological injury and to report incidents or complaints related to aggression, violence, bullying, and sexual harassment to WorkSafe twice a year.
The new regulations aim to ensure employers are proactive in identifying and addressing potential psychological hazards in the workplace and take steps to ensure a safe and healthy work environment for their employees.