New WHS code of practice on psychosocial hazards
Queensland Teachers' Journal, Vol 128 No 4, 9 June 2023, page no.24
Workplace Health and Safety Queensland’s code of practice on “Managing the risk of psychosocial hazards at work” provides guidance on how to manage hazards.
The Work Health and Safety Act 2011 (Qld) (the act) had defined health as both physical and psychological; however, there had been no guidance of how to manage such hazards. The duty of care is a proactive duty in that the intention is to prevent and/or actively mitigate known and foreseeable risks.
The new code (https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0025/104857/managing-the-risk-of-psychosocial-hazards-at-work-code-of-practice.pdf), which came into full effect on 1 April, provides the person conducting the business or undertaking (the PCBU) and workers with a practical guide to achieving the standards expected under the act, and therefore has a legal standing that goes further than just guidance (WHS Act s26A).
On page 5 there is a very useful definition of what psychological health is. It describes how psychological health occurs on a continuum and can move forward and backwards.
The Work Health and Safety (WHS) Regulation defines a psychological hazard 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.” (WHS Regulation 55A)
The code lists some common psychosocial hazards that arise from or relate to work, such as high and/low job demands, poor support, low role clarity, poor workplace relationships including interpersonal conflict, remote or isolated work, and violence and aggression. Bullying and harassment, including sexual harassment, are specifically identified (p6).
While the code can seem overwhelming, there are some strategic ways to engage with it.
- Have a functioning WHS committee, with appropriate representation, and dedicate a meeting to psychosocial safety and exploring the code.
- Ensure that there is a shared understanding of what effective workplace consultation, as defined in the WHS Act, is and must be. There is a code of practice on “WHS consultation, coordination and cooperation” that unpacks the musts and shoulds of the act.
- Ensure basic working conditions are being delivered for all workers and that there is timely consideration and consultation on timelines for assessment, reporting and other deadlines.
- Strengthen or start to embed practices that make safety visible, like safety shares and WHS updates.
The QTU is presently developing training on the code for members.
Some workplaces already have practices in place to deliver on the code, and there are proactive steps that can be taken to strengthen risk management of psychosocial hazards. The intention of the foregrounding of psychosocial hazards is to prevent or effectively mitigate the risks.