WHS psychosocial hazards: what the model code of practice requires

What psychosocial hazards are

Psychosocial hazards are aspects of work that have the potential to cause psychological or physical harm. These hazards are recognised under the model Work Health and Safety Act and Regulations.

Examples of psychosocial hazards include high job demands, low job control, poor support from management or colleagues, poor workplace relationships, low role clarity, and poor change management. Other examples are poor environmental conditions, remote or isolated work, and exposure to violent or traumatic events.

Bullying, harassment, and sexual harassment are also recognised as psychosocial hazards. Identifying and addressing these hazards is a key component of fulfilling WHS duties.

The duty to manage them

The model WHS Act places a primary duty on a Person Conducting a Business or Undertaking (PCBU) to ensure, so far as is reasonably practicable, the health (including psychological health) and safety of workers. This duty extends to managing risks to psychological health. Failure to do so can result in significant consequences. WHS notifiable incident timer

The Work Health and Safety Regulations mandate that PCBUs manage psychosocial risks using the hierarchy of controls. This means prioritising elimination, substitution, engineering controls, administrative controls, and providing personal protective equipment, in that order, to minimise risk.

Safe Work Australia’s Model Code of Practice — Managing Psychosocial Hazards at Work provides guidance on what constitutes reasonable measures for managing these risks, helping PCBUs to fulfil their duties.

What good control looks like

Effective controls for psychosocial hazards involve a systematic approach. Initially, hazards are identified through various methods, including consultation with workers, surveys, analysis of incident data, and feedback gathered from exit interviews. Following identification, a risk assessment must be undertaken, considering factors such as the likelihood of harm, the severity of potential consequences, the frequency of exposure, and the duration of exposure.

The preferred method for managing identified risks is to apply the hierarchy of controls. This prioritises elimination of the hazard as the first step, followed by substitution, isolation, engineering controls, administrative controls, and personal protective equipment as the final, least desirable option. The selection of controls should be based on the risk assessment findings.

Controls are not static and require ongoing evaluation. Reviews should be conducted after incidents, during periods of organisational change, or when workers provide feedback on the effectiveness of existing measures. This ensures controls remain appropriate and continue to minimise risk.

Notification and investigation

Psychosocial hazards can result in notifiable incidents under work health and safety (WHS) laws. For example, if a worker requires immediate hospital treatment for a psychological injury stemming from an event at work, this must be reported. Failure to adequately manage psychosocial risk can lead to legal action; state WHS regulators have previously prosecuted persons conducting a business or undertaking (PCBU) for such failures.

The positive duty now extends to include sexual harassment, which is captured under the Sex Discrimination Act 1984 (s 47C). This means PCBU’s have a legal obligation to prevent sexual harassment in the workplace. Thorough investigation processes are vital to ensure appropriate responses and prevent recurrence. Consider using a workplace investigation timer to ensure investigations are conducted efficiently and fairly.

Effective investigation processes should:

• Be prompt
• Be thorough
• Be impartial