With the recent changes to managing psychosocial hazards in April 2023, including the amendments to the Work Health and Safety Regulation 2011 (Qld) and the Code of Practice: Managing the Risk of Psychosocial Hazards at Work (the Code), organisations may still be reviewing what needs to be done.

‘Health’ has been defined in the WHS Act since its original commencement as incorporating both physical and ‘psychological’ health.  Now, however, the recent changes to the WHS Regulation and the introduction of the Code change the law, and thereby also the approach to managing this risk. Employers (PCBUs) and their Officers are now specifically required to take a risk management approach to psychosocial hazards.

What, then, are psychosocial hazards?

The Code of Practice defines this as: a hazard that arises from, or relates to, the design or management of work, a work environment, plant at a workplace, or workplace interactions and behaviours and may cause psychological harm, whether or not the hazard may also cause physical harm.

What needs to be done?

As a starting point, it is important to understand that the Code of Practice is not ‘merely a guide’. In Queensland, changes to the WHS Act that came into effect on 1 July 2018 require organisations to comply with an approved code of practice under the Act.  This means that the Code of Practice: Managing the Risk of Psychosocial Hazards at Work has the force of law, and the requirements have to be complied with.

A starting point for all organisations, is to ensure someone is tasked to review and understand the Code – all 67 pages!

An important concept in WHS legislation is to realise that the duty to comply is not absolute – it is ‘as so far as is reasonably practicable.’  Reasonable Practicability is loosely defined as being based on: ‘what you already know and what you ought to know’. Critical to note here is that you cannot claim ignorance to the law, or to information on how to manage specific hazards and risk that is widely available in the Code and other readily available resources.

The Code provides some useful information and is structured to facilitate compliance, including sections for:

  • How to manage psychosocial risks and hazards with examples of scenarios applying this to psychosocial risks provided in Appendix 2.
  • Responding to complaints, incidents or reports of psychosocial hazards.
  • Case Studies
  • Examples of psychosocial hazards
  • Examples of control measures for psychosocial hazards
  • Example of a work-related bullying policy
  • Example of a risk register

Psychosocial Risks thus need to be managed in the same way as other inherent risks within your organisation.

A good starting point is to ensure that the organisation’s WHS Risk Register considers Psychosocial Safety, with the risk identified and assessed within the context of your organisation.  Many organisations are probably implementing controls to manage this risk without realising that they are in fact controls, inasmuch as managing this risk is based around good people management.

The assessment of the risk needs to be undertaken by people competent in completing risk assessments, and must include representation from workers across the organisation.

As with any risk, the important part is the implementation of the controls, including the communication thereof, as well as the monitoring mechanisms put in place to ensure the controls are effective.

Please contact QRMC for more information.