PSYCHOSOCIAL HAZARDS LEGISLATION WHAT YOU NEED TO KNOW

Public sector agencies will be under increased scrutiny following the introduction of new Work Health and Safety regulations, which focus on psychosocial hazards in the workplace.

The Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 under the Work Health and Safety Act 2012, which came into effect on 25 December 2023, explicitly state a range of hazards to workers’ wellbeing and mental health, the obligations of the employer to mitigate those risks, and the penalties they face for not doing so.

The regulations define what constitutes a psychosocial hazard or risk, the process for managing the risks and also the control measures.

Psychosocial hazards are defined as hazards relating to the design or management of work; the working environment; plant at a workplace; or workplace interactions or behaviours, which may cause psychological and physical harm.

South Australia’s regulations follow similar moves interstate and in the federal industrial jurisdiction. The reforms were sparked by a 2018 independent review of Australia’s model work health and safety laws, which called for greater guidance on dealing with psychosocial risks.

However, the new regulations drew fierce opposition from employer groups in this state, who lobbied hard in the Industrial Relations Consultative Council to water down the provisions.

It was only through the relentless efforts of the South Australian union movement that we were able to get this important legislative change across the line,

said PSA General Secretary Natasha Brown.

This is an extremely significant win for working people and a long overdue acknowledgement that work can be responsible for adversely affecting mental health.

A Managing psychosocial hazards at work: Code of Practice has been developed by SafeWork Australia to support employers and employees.

According to 2021-22 data from the Australian Bureau of Statistics, 6.8 per cent of work-related injuries are for stress or other mental health conditions. Where this is identified as the cause of an injury, it accounts for an average of 44 days taken off work. SafeWork Australia estimates that more than 7,200 Australians a year are compensated for psychological injuries, with 92 per cent of serious psychological injury claims attributed to work-related stress.

In the South Australian Modern Public Sector Enterprise Agreement: Salaried 2017, the PSA proposed and won the requirement for public sector employers to provide accredited mental health first aid training of workplace Health and Safety Representatives and First Aid Officers.

Mental health first aid equips individuals with skills to recognise and respond to someone experiencing a mental health problem or mental health crisis, until professional help is received or the crisis resolves.

The stakes can be very high if psychosocial hazards are not addressed within the workplace. Statistics show that most deaths by suicide are among people of working age, with Suicide Prevention Australia reporting that suicide is the leading cause of death for men aged 25 to 44 and women aged 25 to 34.

The World Health Organization suggests worker suicide is a result of complex interaction between individual vulnerabilities and work-related environmental factors that trigger stress reactions and contribute to poor mental wellbeing.

WHAT YOUR EMPLOYER CAN DO

• Have policies around a mentally healthy workplace

• Ensure staff awareness of policies

• Mental health check-ins with staff

• Conduct formal surveys on workplace culture

• Debriefing and support for frontline staff

• Stress relief activities in the workplace

• EAP programs

• Promotion of suicide prevention support

• Skills training for HR/managers to raise concerns with staff in a supportive and reassuring manner

• Encourage dialogue in the workplace about mental health.

HOW DO PSYCHOSOCIAL HAZARDS CAUSE HARM?

Psychosocial hazards can create stress. Stress is the body’s reaction when a worker perceives the demands of their work exceed their ability or resources to cope.

Stress creates a physiological and psychological response in the body by releasing adrenaline and cortisol, raising the heart rate and blood pressure, boosting glucose levels in the bloodstream and diverting energy from the immune system to other areas of the body.

Stress itself is not an injury but if it becomes frequent, prolonged or severe it can cause psychological and physical harm.

Some hazards cause stress when a worker is exposed to the risk of that hazard occurring as well as when they are directly exposed to the hazard itself. For example, workers exposed to workplace violence are likely to experience stress if they perceive that the risk has not been controlled, even if the violence does not occur again. In this situation, despite the hazard rarely occurring, the stress itself may be prolonged.

Source: Managing psychosocial hazards at work – Code of Practice

If you wish to raise any issues around psychosocial hazards in your workplace, contact your local Health and Safety Representative or the PSA Members’ Rights Hotline on 8205 3227.

HOW SOUTH AUSTRALIAN WORKERS ARE FEELING

• 84 per cent reported exposure to traumatic events, distressing situations, or distressed/aggressive clients/customers.

• 85 per cent reported witnessing unfair practices by management.

• 35 per cent reported experiencing gendered violence, including sexual harassment or sexual assault.

• 91 per cent reported conflict with co-workers or management.

• 92 per cent felt changes at work were poorly managed.

• 66 per cent admitted to feeling ‘always’ or ‘regularly’ stressed.

• 74 per cent reported experiencing bullying in the workplace.

• 82 per cent said they were required by employers to skip rest breaks resulting in increased stress and fatigue.

• 59 per cent reported discrimination and harassment based on sex, race, gender identity, sexual orientation, and/or disability.

• 58 per cent reported violence and threats at work.

Source: 2023 Work Shouldn’t Hurt Survey, ACTU

CRISIS SUPPORT

If you or someone you know is in crisis and needs help now, call triple zero (000).

You can also contact these services for support.

Lifeline – 131 114

Contact Lifeline for support if you are experiencing a personal crisis or have suicidal thoughts. You can call Lifeline 24 hours a day, 7 days a week from anywhere in Australia.

Beyond Blue – 1300 224 636

Beyond Blue provides information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live.

Suicide Call Back Service –1300 659 467

Call the Suicide Call Back Service for immediate, professional 24/7 telephone counselling to people who are affected by suicide.

MensLine Australia –1300 789 978

MensLine Australia is a telephone and online counselling service for men with emotional health and relationship concerns. Men can contact them for free professional support from anywhere in Australia 24 hours a day, 7 days a week.

13YARN – 13 92 76

13YARN provides free and confidential crisis support to Aboriginal and Torres Strait Islander peoples. You can contact 13YARN from any mobile or pay phone anywhere in Australia 24/7 to talk to a crisis supporter.

Qlife – 1800 184 527

QLife provides anonymous and free LGBTI peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships. QLife’s phone service is open every day from 3:00 pm to midnight.