Managing Psychosocial Risk: Unpacking Australia’s WHS Reforms

In response to the growing awareness & impact of psychological hazards in the workplace, recent reforms that regulate employer management of psychosocial risk have been adopted by federal and state governments across Australia. These changes take steps to clearly define the obligations of workplaces to identify, assess and manage psychological hazards.

So, what has changed?

Toward a National Approach

SafeWork Australia's 2022 release of new model WHS Regulations and Model Code of Practice: Managing psychosocial hazards at work offered the states and territories, who regulate WHS legislation, the opportunity to adopt a national approach to the issue. These regulations clearly prescribe that employers have a duty to adopt a risk management approach to managing psychosocial hazards, in the same way they currently approach physical hazards.

Most state and territory governments, as well as the federal government, have now adopted SafeWork Australia's Model WHS Regulations and Model Code. Kennedy's Law provides a more in-depth summary of the changes and status of state-by-state implementation here. 

These changes emphasise the need for a risk management approach to be used to prevent harm related to psychosocial risks psychosocial risks. This requires employers to:

• Identify psychosocial hazards

• Eliminate or reduce risks associated with these hazards.

• Review and update risk control measures as needed.

Amended regulations have acted to impose additional responsibilities on employers beyond the standard health and safety obligations in relation to psychosocial risk. A breach of these regulations may expose employers to criminal prosecution.

Codes of practice serve as guidelines for employers and are not legally enforced. However, in states where codes of practice have been adopted, these guidelines can inform regulatory authorities or courts about applicable standards.

Representing both a challenge and call to action for many sectors; these regulatory changes reflect the profound influence that experiences at work can have on the overall health and well-being of individuals.

These changes are significant in that they explicitly recognise the hazardous nature of occupational stress and acknowledge significant risk of psychosocial hazards to the health and safety of workers.

In addition, the changes provide clarity as to the employer’s obligations and responsibility for managing psychosocial hazards.

This actively shifts the gaze away from the individual resilience of workers, toward examining the systems of work that generate stress in the first place.

• References

  Molar, C. (2023). Workplace psychological health and its regulation across Australia. Kennedys Law. https://kennedyslaw.com/en/thought-leadership/article/2023/workplace-psychological-health-and-its-regulation-across-australia/

  Safe Work Australia. (2022). Code of Practice: Managing psychosocial hazards at work. https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work

  Safe Work Australia. (2022). Infographic: Managing psychosocial hazards at work. https://www.safeworkaustralia.gov.au/sites/default/files/2022-09/managing_psychosocial_hazards_at_work.pdf

  Safe Work Australia. (2023). Worker and other person duties. https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/whs-duties/worker-and-other-person-duties