Employers and other persons conducting businesses or undertakings (PCBUs) in NSW have – since 1 October 2022 – been required to include psychosocial hazards in their assessment of workplace hazards.
SafeWork NSW’s new Psychological Health and Safety Strategy for 2024 to 2026 (Strategy) provides insight into SafeWork NSW’s priorities in relation to psychosocial hazards over the next three years.
Despite the various psychosocial laws implemented across Australia during the past two years, the number of workplace-related psychological injuries continue to rise.[1] Accordingly, the Strategy is focused on supporting NSW businesses to reduce psychosocial hazards and increase compliance with WHS laws.
Significantly, the Strategy provides the following.
If high-risk or large organisations have not taken appropriate action in consultation with workers to comply with their WHS duties, SafeWork NSW will take enforcement action, including prosecution where a PCBU repeatedly or seriously fails to comply with WHS laws. Penalties for breach of these obligations are up to $10.89 million for corporations in NSW (for a Category 1 offence).
Other states and territories are already seeing an increased regulatory focus on the management of workplace psychosocial hazards. For instance, WorkSafe Victoria has established a Psychosocial Inspectorate with one employer in that State being fined almost $380,000 in late 2023 for its failure to identify and control risks to the psychological health of employees of the Coroners Court.
PCBUs should (in consultation with their workers) take the following steps to comply with these requirements:
JWS has extensive experience in assisting organisations to implement psychosocial hazard management strategies to prepare for SafeWork inspection visits. If you have any comments or questions, please contact our Employment team.
[1] Safe Work Australia Data Report, ‘Psychological health and safety in the workplace’, February 2024.
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