First Managing Psychosocial Hazards at Work Code of Conduct Introduced

New Code to Address Psychosocial Safety

As of 28 May 2021, New South Wales became the first jurisdiction in Australia to introduce the Code of Practice: Managing Psychosocial Hazards at Work. With Psychosocial Safety being a ‘hot topic’ at the moment, other jurisdictions can expect introductions of the same, or very similar, shortly. COVID-19 has only been the tip of the psychosocial ‘health iceberg’.

What information does it include?

The Code provides information and practical guidance on the ‘usual suspects’ such as: bullying, sexual harassment and workplace violence but also extends into other lesser-known areas such as: role overload and underload, remote or isolated work and poor change consultation to name a few. This has the potential to equate bad management skills with safety breaches.

Highlights for Business

Critically for businesses, the term “reasonable management action” is preserved, highlighted and remains the predominant ‘defence’ for Psychosocial Safety claims in the Code. Reasonable management action is entirely consistent with Results with Respect workplaces –and we consider that this is not only an employer’s best protection but the most effective way to increase your workplace’s performance as well.

Further, as well as identifying PCBU and Officer duties, the Code also recognises the important part all persons at the Workplace also play in identifying and managing psychosocial risks. Too often in this area the focus has just been on ‘calling out bad managers’ instead of a wider recognition of the part all workplace participants play in various aspects of psychosocial safety at the workplace.

Tools to Use

The Code is quite extensive (approx. 40 pages) and usefully has some industry specific examples as well as an example risk register which could be tailored for your business. We will be providing our Retainer Clients some additional tools in the next few weeks.

Legal Ramifications of the Code

While compliance with the Code is not mandatory, approved codes of practice are admissible in court as evidence of what is known about a hazard, risk or control. Put another way –if you haven’t followed the Code, you will want to have a very good reasons for not doing so, or you may struggle to demonstrate you have discharged your duty.

What should business do now?

For workplaces who are already following the Results with Respect principles, the introduction of the Code is more likely going to be an administrative updating exercise rather than any fundamental shift. In that case:

• keep up with your One on Ones with your direct reports;

• protect and enhance your ‘good culture’; and

• practice, reward and maintain ‘workplace civility’ (i.e. the new term for ‘old fashioned respect and manners’)

then

• read and familiarise yourself with the Code;

• identify any gaps in your current policies, procedures and record keeping;

• have ‘refresher’ sessions with your managers;

• prepare to reinvigorate your ‘messaging’ in this area; and

• workplace.

For those workplaces without existing policies, procedures and up to date records, the hard work starts now. Unfortunately, whenever an aspect of the law is highlighted with the introduction of updated materials etc. the focus on compliance increases and so do the claims.