Part 1 – Introduction

Purpose

1. The purpose of this Code is to provide practical guidance to duty holders on how to comply with their duties in relation to psychosocial hazards under the:
   • OHS Act
   • OHS (Psychological Health) Regulations.

Scope

2. This Code provides information for duty holders about meeting their obligations under the OHS Act and OHS (Psychological Health) Regulations. This includes how to identify psychosocial hazards and control risks associated with them.
3. It is not possible for this Code to deal with every psychosocial hazard and risk that a duty holder may encounter in their working environment. Duty holders need to consider the guidance in this Code in terms of the work, work-related activities, and characteristics and circumstances of their workplace.

Application

4. This Code applies to employers. Employees, including independent contractors and HSRs, may also find this Code useful.

What are psychosocial hazards?

5. Psychosocial hazard means any factor or factors in any of the following:

   • work design
   • systems of work
   • management of work
   • carrying out of the work
   • personal or work-related interactions

   that may:

   • arise in the working environment, and
   • cause an employee to experience one or more negative psychological responses that create a risk to their health or safety.

   <OHS (Psychological Health) Regulations r4>

6. Psychological responses include both:
   • cognitive, emotional and behavioural responses
   • the physiological processes associated with them. <OHS (Psychological Health) Regulations r4>

For more information about negative psychological responses, including examples of each type of response, see Part 2 of this Code.

7. Examples of psychosocial hazards include:
   • aggression or violence
   • bullying
   • exposure to traumatic events or content
   • gendered violence
   • high job demands
   • low job control
   • low job demands
   • low recognition and reward
   • low role clarity
   • poor environmental conditions
   • poor organisational change management
   • poor organisational justice
   • poor support
   • poor workplace relationships
   • remote or isolated work
   • sexual harassment.

For more information about these examples of psychosocial hazards, Part 3 and Appendix C of this Code.

The risk management process

16. This Code outlines a risk management process (see diagram 2) to help employers comply with their duties under the OHS Act and OHS (Psychological Health) Regulations relating to psychosocial hazards. The risk management process involves the following steps:
    • identifying psychosocial hazards
    • assessing, where necessary, any associated risks to health or safety
    • controlling risks to a person’s health or safety associated with psychosocial hazards
    • monitoring, reviewing and, where necessary, revising risk controls.

There are certain circumstances where each step of the risk management process must occur.

For more information, see Part 3.

Diagram 2: The risk management process

Consultation

17. Employers must, so far as is reasonably practicable, consult with employees on matters related to health or safety that directly affect or are likely to directly affect them. <OHS Act s35>
18. If employees are represented by an HSR, the consultation must involve that HSR, with or without the involvement of the employees directly. <OHS Act s35(4) and OHS (Psychological Health) Regulations r9>
19. The duty to consult also extends to independent contractors (including any employees of the independent contractor) engaged by the employer in relation to matters over which the employer has control. <OHS Act s35>

20. The duty to consult with employees and independent contractors includes where an employer is:
    • identifying or assessing hazards or risks to health or safety at the workplace
    • making decisions about how to control such risks
    • making decisions about the adequacy of facilities for the welfare of employees and the employer
    • proposing changes to the workplace, plant or substances used at the workplace that may affect the health or safety of employees. <OHS Act s35>
21. It is important to consult with employees as early as possible when planning to make changes that could affect health and safety, such as:
    • introducing new work or changing existing work, tasks, duties, policies or procedures
    • selecting new plant, substances or personal protective equipment (PPE)
    • refurbishing, renovating or redesigning existing workplaces
    • carrying out work in a new environment
    • making any other changes to the workplace or the way work is done.
22. Employers who are required to consult with employees must share information about the matter with employees, including independent contractors and any HSRs. Employees must be given a reasonable opportunity to express their views and those views must be taken into account before a decision is made. If the employer and the employees have agreed to procedures for undertaking consultation, the consultation must be undertaken in accordance with those procedures. <OHS Act s35(5)>

How to consult with employees about psychosocial hazards

23. Consulting with employees at each stage of the risk management process leads to better health and safety outcomes. Employees are in constant close contact with the day-to-day working environment and have first-hand knowledge of:
    • psychosocial hazards that may exist in the working environment
    • factors that increase or decrease risks associated with psychosocial hazards
    • potential risk controls and practical suggestions of how to apply them.
24. Engaging in consultation can also help control risks from psychosocial hazards. Strong consultation processes can reduce the risk of negative psychological responses by:
    • encouraging employees to have some control over their work and their working environment
    • helping employees feel supported in their workplace.
25. Employers can support employee participation in, and ownership of, the risk management process by:
    • communicating with employees, including in languages other than English where appropriate
    • seeking employee engagement and input at all stages of the risk management process
    • considering the characteristics of employees and how they can be supported to engage in consultation; for example, cultural backgrounds or known disabilities
    • encouraging employees to report any hazards or risks they identify in the workplace.
26. When employees are involved in consultation, they are more likely to feel safe to report hazards to the employer. This can lead to a safer and healthier workplace.
27. Some employees may not feel comfortable discussing psychosocial hazards. This could be because they:
    • have had negative experiences when raising concerns about health and safety in the past
    • are worried that raising concerns about health and safety could have negative consequences and affect their working relationships, employment or career progression
    • consider exposure to psychosocial hazards to be ‘part of the job’ or workplace culture
    • don’t trust that their concerns will be taken seriously or acted on
    • have experiences of trauma that make speaking up feel overwhelming or unsafe
    • don’t feel psychologically safe to speak up.
28. Consultation processes should take this into account, and support employees to engage in consultation in a way that feels safe.
29. Where possible and appropriate, consultation processes should allow employees to provide feedback on psychosocial hazards and risks privately. This could include:
    • providing anonymous surveys or suggestion boxes
    • making multiple people available to discuss the matter being consulted on. For example, an HSR and 2 supervisors who can then report back any issues raised privately with them.

30. Employers should choose methods and systems for consultation that are appropriate to the:

    • size and needs of the organisation
    • reasonable needs of affected employees.

    The methods should be decided in consultation with employees and any HSRs.

Information, instruction, training and supervision

31. Under the OHS Act, employers must provide employees with any necessary information, instruction, training or supervision to enable them to perform their work in a way that is safe and without risks to health. This duty also extends to independent contractors (including any employees of the independent contractor) engaged by the employer in relation to matters over which the employer has control. <OHS Act s21(2)(e), s21(3)>
32. The mix of information, instruction, training or supervision required will depend on:
    • the working environment
    • employee requirements
    • frequency and type of hazards in the working environment
    • how much employees already know about the risks and necessary risk control measures.
33. Employers must also provide information in such other languages as appropriate. <OHS Act s22(1)(c)> Information should also be provided in a variety of formats to help employees understand.
34. In addition to these duties under the OHS Act, there are specific requirements under the OHS (Psychological Health) Regulations for using information, instruction or training to control risks associated with a psychosocial hazard.

For limitations on how information, instruction and training is to be used, see paragraphs 113–125 in Part 3, Step 3.