In New South Wales (NSW), the regulatory landscape for workplace safety has evolved to address psychosocial hazards, alongside traditional physical risks. The Work Health and Safety Regulation 2017 (NSW) mandates that businesses must manage psychosocial risks, as outlined in Chapter 3, Division 11 of the regulation.
Fundamental workplace health and safety obligations have remained relatively stable over time, but what those duties mean, has evolved over time, especially with respect to psychological hazards.
A ‘psychosocial hazard’ is defined as a hazard that arises from or relates to:
(i) the design or management of work, or
(ii) a work environment, or
(iii) plant at a workplace, or
(iv) workplace interactions or behaviours,
And may cause psychological harm, whether or not it may also cause physical harm.
A ‘psychosocial risk’ is defined as: ‘a risk to the health or safety of a worker or other person arising from a psychosocial hazard’.
The legal duty in the regulations is as follows:
A person conducting a business or undertaking must implement control
measures —
(a) to eliminate psychosocial risks so far as is reasonably practicable, and
(b) if it is not reasonably practicable to eliminate psychosocial risks—to minimise the risks so far as is reasonably practicable.
Practical Measures for Compliance
The regulations require the business to implement ‘control measures’ to address psychosocial risks. The Code of Practice published by the NSW Government provides a detailed explanation of effectively utilising control measures to address those risks.
Steps to Compliance:
Identify Psychosocial Hazards:
Begin by identifying potential psychosocial hazards within your workplace. This may involve reviewing workplace interactions, environmental factors, and the design of work processes. Consider common issues such as workplace bullying, stress, and aggressive customer behaviour. There are many others which will vary from workplace to workplace.
Develop a Risk Register:
Use a risk register to document identified psychosocial hazards. This tool will help you track and manage risks effectively. The Code of Practice includes a template Risk Register (Appendix C) which can serve as a starting point for creating your own.
Implement Control Measures:
Based on your risk register, develop and implement appropriate control measures. This may include setting up procedures for managing workplace bullying, providing support systems for employees, or other strategies suited to your specific risks.
Regular Reviews and Adjustments:
Your risk register and control measures should be dynamic and subject to regular reviews and updates. This ensures that you are continuously addressing evolving risks and maintaining compliance.
Seek Expert Advice:
Different businesses may require different approaches to managing psychosocial hazards. For complex situations, such as those requiring in-house psychological support, consider consulting with experts. Our legal team can provide advice tailored to your business needs.
Additional Considerations
Inspectors and regulatory officers have high expectations regarding psychosocial risk management. They may request documentation or control measures that go beyond the basic requirements. For example, some businesses have been advised to implement formal psychosocial policies to meet compliance standards.
If you face any challenges or need further assistance in implementing control measures or dealing with regulatory demands, please contact our legal team on 1800 888 479. MGA Independent Businesses Australia can offer members guidance and support tailored to your specific situation.
By proactively managing psychosocial risks and maintaining a comprehensive approach, you not only comply with NSW regulations but also foster a healthier and more productive work environment.
