Safe Work Australia's model WHS Code of Practice released: Managing psychosocial hazards at work

In line with the rapid growth in awareness (and claims) relating to psychosocial health at work,  Safe Work Australia has published its highly anticipated model WHS Code of Practice, Managing psychosocial hazards at work (Code) (available here). You may remember our previous article on the first Code of Practice on managing psychosocial hazards (available here).

Psychosocial hazards in the workplace are well and truly a work health and safety issue, which employers have a positive duty to prevent and manage. The model Code will not have legal effect until it is approved and implemented by the harmonised jurisdictions but we are recommending early implementation as part of an employer’s general duty of care and to become/ remain an employer of choice.

Presently, only New South Wales and Western Australia have released their approved WHS codes (addressing psychosocial risks). It is expected that the other states and territories will do this soon. 

Key Provisions

The model Code contains new definitions relating to psychosocial hazards which are aimed at helping employers understand what psychosocial hazards are.

In particular, psychosocial hazards are hazards that arise from or relate to:

1.   the design or management of work;

2.   the working environment;

3.   plant at a workplace; or

4.   workplace interactions or behaviours, and

may cause psychological and physical harm.

Some examples of psychosocial hazards include:

• Job demands

• Low job control

• Poor support 

• Lack of role clarity

• Poor organisational change management

• Inadequate reward and recognition

• Poor organisation

• Traumatic events or material

• Remote or isolated work

• Poor physical environment

• Violence and aggression

• Bullying

• Harassment including sexual and sex-based harassment

• Conflict or poor workplace relationships and interactions

PCBU Duty

PCBUs, consistent with their general s19 duty, are required to demonstrate how they have either eliminated psychosocial risks in the workplace, of it that is not reasonably practicable, minimise these risks so far as is reasonably practicable. Physical risks have been historically very well looked after but psychosocial risks have tended to be ‘forgotten’ or not addressed – usually because some of the stigma associated with their symptoms.

Management of risks

Similarly, consistent with s17 duty to manage risks, PCBUs, with a particular focus on psychosocial risks in the workplace, are obligated to:

1. identify hazards – find out what could cause the harm;

2. assess risks – understand the nature of the harm the hazard could cause, including how serious the harm could be and the likelihood of it happening;

3. control risks – implement the most effective control measures (that are reasonably practicable in the circumstances); and

4. review the control measures – ensure the control measures remain effective over time and make changes as required.

What should your workplace do now?

Get a headstart on this issue now.  This issue is likely to gather momentum in 2023 and beyond.  Even if the Code yet to be adopted in your jurisdiction, the model Code will still provide helpful guidance on how to avoid psychosocial hazards and will, in the meantime, likely be used as a yardstick by the courts when assessing whether a business has met its WHS responsibilities.

It is recommended that employers review the applicable code or (if not yet adopted) the model Code to ensure that they fully understand their obligations as duty holders and commence reviewing systems to identify risks and ensure that your current remain effective in managing psychosocial hazards.

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