From 1 October 2022, psychosocial risks must be managed like physical risks for NSW employers. The Work Health and Safety Amendment Regulation (the NSW Regulation) means that employers have a more explicit duty to eliminate or minimise workplace psychosocial risks.
This reflects a broader shift in the minimum standards expected of employers in managing psychological risk in the workplace. The NSW Regulation defines psychosocial risks as a risk to the health or safety of a worker, or other person, arising from a psychosocial hazard. A psychosocial hazard is a hazard that arises from, or relates to:
- the design or management of work
- a work environment
- plant at a workplace
- workplace interactions or behaviours; and
- that may cause psychological harm.
Examples identified by Safe Work Australia include:
- job demands
- low job control
- poor support
- lack of job clarity
- poor organisational change management
- inadequate reward and recognition
- traumatic events or material
- remote work
- violence and aggression
- bullying and harassment
The NSW Regulation make it clear you must:
- identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks, and
- introduce, maintain and review control measures to eliminate (or minimise) psychosocial risks to health and safety so far as is reasonably practicable
In determining what control measures to implement a person must have regard to all relevant matters including:
- the level of exposure of workers and others to psychosocial hazards
- how the psychosocial hazards may interact or combine
- the design and systems of work, including job demands and management of work
- the design and layout, and environmental conditions of the workplace
- workplace interactions or behaviours, and
- the information, training, instruction and supervision provided to workers
The risk assessment procedure is identical to any other risk management process and includes identifying any psychosocial risk, assessing the impact of identified risks, controlling risk by eliminating and minimising them as much as possible, and reviewing any control measures implemented tuition sure they are effective.
Disclaimer: This does not purport to be comprehensive or to render legal advice. You should not act based on any information contained in this publication without first obtaining specific professional advice. Consult your legal advisor to determine if this applies to you.
