About the psychosocial hazards regulations and code of practice
There has always been a requirement in our work health and safety laws to manage hazards in the workplace.
Now the Work Health and Safety Regulations 2022 clarify and reinforce these existing duties by clearly outlining the legal requirements for workplaces to prevent and manage psychosocial hazards. These new regulations came into effect on 22 December 2022.
There is also a new code of practice for Managing Psychosocial Hazards in the Workplace. This provides practical information to help workplaces comply with the Regulations. It came into effect on 4 January 2023.
What are psychosocial hazards?
Psychosocial hazards are hazards that arise from or in relation to:
- the design or management of work
- the working environment
- plant at a workplace
- workplace interactions or behaviours
The psychosocial hazards identified in the code of practice for Managing Psychosocial Hazards in the Workplace are:
- harmful behaviours including violence and aggression, bullying, harassment (including sexual or gender-based harassment), and conflict or poor workplace relationships/interactions
- high and low job demands
- inadequate reward and recognition
- low job control
- poor organisational change management
- poor organisational justice
- poor physical work
- poor role clarity
- poor support
- remote and isolated work
- traumatic events or materials
Psychosocial hazards and their effects are not always obvious. Some psychosocial hazards, when present at low levels over a long period of time, can accumulate to significantly affect psychological health. Other psychosocial hazards may cause harm more immediately, such as a single stressful event. In many circumstances, psychosocial hazards will interact and combine to create the risk of harm
WorkSafe Tasmania’s role when an issue is raised
WorkSafe can help workers and employers address psychosocial hazards by:
- providing advice and assistance to workers and PCBUs in relation to their rights and duties
- undertaking compliance and enforcement activities
- investigating incidents and complaints.
WorkSafe Tasmania’s role is to investigate whether there has been a contravention of duty under work health and safety legislation.
What WorkSafe Tasmania cannot do
There are some things that fall outside the scope of the Work Health and Safety Act 2012 and therefore WorkSafe cannot act on. For example, WorkSafe cannot:
- mediate between the workplace parties involved
- provide legal advice (Tasmania Legal Aid can help)
- provide counselling (we can provide information about suitable mental health services such as Lifeline. Call 13 11 14)
- order the employer to discipline a person alleged to be a source of harmful work behaviour, or to terminate their employment
- take sides
- issue an order to stop bullying behaviour or stop sexual harassment (the Fair Work Commission has powers to issue these orders if required)
- provide services that fall outside the scope of the Work Health and Safety Act 2012.
What to do before you lodge a complaint with WorkSafe Tasmania
WorkSafe will consider whether the complaint involves a workplace psychosocial hazard (as listed above).
Consider what steps have you already taken, before contacting WorkSafe. For example, have you:
- spoken to someone about what you are experiencing and what you can do about it, such as your supervisor, manager, health and safety representative (HSR) or union representative?
- checked if your workplace has internal reporting procedures to give your employer an opportunity to respond?
- reported the hazard as early as possible using your workplace’s reporting procedures and/or to your supervisor, manager, HSR or union representative? If your employer has not been made aware of your concerns, this may limit the action WorkSafe can take
- considered if WorkSafe is the appropriate agency for your situation?
- sought written consent, if you aren’t the person subject to the behaviours or hazards/risk? If you don’t have the written consent of the person affected, WorkSafe may not be able to act on your request
- considered whether you can provide specific examples, that can be supported by evidence, that you think is significant in contributing to your situation?
When describing the evidence available, it is important to include specific behaviours, dates, locations and witnesses. Evidence might include diary entries, emails, text messages, work health and safety notifications, grievances, digital recordings, incidents/complaints form, staff rosters and policies.
If you’re finding it difficult to understand what this evidence may look like, see the code of practice for Managing Psychosocial Hazards in the Workplace; or call the WorkSafe Tasmania Helpline on 1300 366 322.
How to lodge a complaint about a psychosocial hazard
WorkSafe responds to complaints that fall within the scope of the work health and safety laws and code of practice for Managing Psychosocial Hazards in the Workplace.
If you have considered the above points, and believe your situation falls within the scope of the laws and code, call WorkSafe on 1300 366 322.
WorkSafe will email you the psychosocial hazards complaint form to complete and return by emailing to wstinfo@justice.tas.gov.au.
Our psychosocial hazards complaint form can be emailed to you, for you to complete and return in your own time. If you would like help to complete and lodge the complaint form, our Helpline staff can help over the phone or in person.
How WorkSafe Tasmania will investigate your complaint
WorkSafe will decide on the most appropriate action by:
- assessing the information you provide and the circumstances of your request
- consider our Compliance Monitoring and Enforcement Policy
- contacting you for more information, if necessary.
If WorkSafe decides to start enquiries into your complaint, you will be advised in writing of the name of the inspector who has been assigned your complaint. WorkSafe’s enquiries will typically involve contact with your employer (or ex-employer) by phone, letter, or a workplace visit.
WorkSafe will ensure its decisions and actions are reasonable, fair and appropriate to the circumstances, based on consideration of all relevant laws, policies and procedures
If you want to remain anonymous
If you want to keep your identity anonymous, WorkSafe will take every possible care not to disclose any information that may identify you.
However, your identity may be disclosed; for example, through a right to information request or if the matter is progressed to the Office of the Director of Public Prosecutions for prosecution.
Choosing to remain anonymous will limit WorkSafe’s ability to address the specific nature of your complaint; and constrain WorkSafe’s ability to seek information about specific risks and scenarios. Inspectors may only be able to verify if systems of work exist; and you will not receive feedback on any action taken by WorkSafe.
What happens when a WorkSafe Tasmania inspector visits the workplace
The WorkSafe inspector will be transparent with the employer about why they are contacting them, and what the employer’s obligations are under the work health and safety laws.
- For individual complaints where anonymity is not preserved, an inspector will discuss the complainants’ specific allegations with the employer and enquire about actions taken in response to the psychosocial hazards identified/reported by the complainant.
- For all complaints, the inspector will be looking to determine compliance with the work health and safety laws, including how well those with specific obligations under the laws are fulfilling those obligations.
WorkSafe’s main purpose is to assess the extent of compliance with the work health and safety laws — not to support one person’s version of events over another’s.
WorkSafe Tasmania acknowledges Workplace.qld.gov.au as the original author of this information.