Liam’s story
Liam is one of 2 senior marketing specialists at a large marketing firm. He also works with 3 junior marketers.
Recently, Pia was promoted into the role of marketing manager, becoming Liam’s manager. Pia is motivated to succeed in her new position. Her focus is to exceed the team’s quarterly performance indicators (KPIs).
During a one-on-one meeting, Pia increased Liam’s individual KPIs. She did not change the KPIs of other team members. At the time, Liam raised concerns about how the increased KPIs would affect his workload. Pia dismissed these concerns, telling Liam he needed to be a role model for junior members of the team.
At a follow-up meeting, Liam argued his new KPIs were unreasonable. He told Pia he was working an extra 2 to 3 hours each day to try to meet them. Pia explained that senior roles come with extra responsibility. She encouraged Liam to work on his time management skills. Liam continued to work long hours in an attempt to meet Pia’s expectations.
Over the following weeks, Pia singled out Liam in team interactions. During a team meeting, Pia made a joke threatening to end Liam’s employment over a minor mistake. On another occasion, Liam found out that he was not invited to a lunch attended by the rest of the team. When Liam raised this with Pia, she said that Liam had been under pressure with his KPIs and he should focus on his work.
Liam began to feel anxious about going to work. He started to experience early signs of psychological harm, including:
- poor sleep
- heart palpitations
- irritability.
Liam met with his health and safety representative (HSR). He talked about his experiences and exposure to psychosocial hazards to date. He asked the HSR to escalate his concerns and said he was comfortable with his name being included. The HSR subsequently reported the concerns to the Health, Safety and Wellbeing team.
The Health, Safety and Wellbeing team:
- gave Liam the option to access psychological support through the workplace’s Employee Assistance Program provider
- explained how the organisation responds to reports of psychosocial hazards, including bullying
- continued to monitor Liam’s wellbeing through regular conversations with him.
The Health, Safety and Wellbeing team has provided individual support to Liam. But they have not properly responded to the report of a psychosocial hazard.
Read on to see how Liam’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Liam’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- consult with employees and any HSRs when identifying or assessing hazards or risks to health or safety at the workplace <OHS Act s35>.
Liam has been exposed to bullying in the workplace. He has also been exposed to other psychosocial hazards, including:
- poor support
- high job demands
- poor workplace relationships
- poor organisational justice.
Bullying can often be an outcome of exposure to other psychosocial hazards that are not controlled. Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
- Controlling the risks associated with psychosocial hazards
Liam’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Liam’s employer can implement include the following.
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Liam and other affected employees. For example, making alternative work arrangements so he has a different marketing manager.
- Investigating the report in a fair, timely and transparent way. This should be done in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including bullying.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Reviewing KPIs for marketing specialists to ensure they are consistent, realistic and achievable. Consulting with affected employees about any changes to KPIs.
- Implementing a structured mentoring program or buddy system for new marketing managers to help with on-the-job learning and support.
- Providing targeted training for marketing managers on how to conduct performance management discussions effectively, fairly and lawfully, in line with the Fair Work Ombudsman’s Managing underperformance best practice guide.
- Leaders committing to creating a culture of respect and inclusion.
- Reviewing and analysing all informal and formal reports of bullying. This should also consider other internal workplace data, such as:
- organisational or operational records
- OHS information
- HR information.
- Identifying any associated patterns or trends. This may include the following.
- The nature of the bullying.
- The positions of the alleged perpetrators.
- Whether bullying allegations are commonly raised about senior colleagues or leaders.
- If allegations are more common at certain locations.
- Any related or underlying psychosocial hazards that might increase the risk of bullying.
- Developing and implementing an action plan to address risks identified. This includes addressing psychosocial hazards that have been identified as potentially contributing to bullying behaviour.
- Providing information, instruction and training to all employees on the organisation’s bullying policy and procedure. This includes:
- defining what behaviours constitute bullying
- explaining reporting options and how the organisation will respond to the report
- outlining what supports are available to all parties.
- Providing skills training to all employees on:
- being an active bystander
- what to do if they witness bullying or inappropriate behaviour.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>
Emma’s story
Emma is a university student who speaks English as her second language. She works casually as a consultant at a travel agency in a large shopping centre. She works on weekends, which are typically busier than weekdays. During her shift, she works with one other consultant. Both are responsible for:
- making and managing bookings
- handling customer enquiries
- providing advice on travel packages and promotions.
One Saturday morning, a customer came into the agency to book a discounted international tour package. Before finalising the sale, Emma explained the booking conditions. These included that:
- the booking was non-refundable
- the dates could not be changed without extra fees.
The customer agreed to the terms, confirmed the booking and paid in full.
One week later, the customer returned to the agency and asked to change their travel dates. Emma reminded them of the restrictions on the booking.
The customer became frustrated and insisted on the changes. Emma said the only way to change the booking was if they paid significant extra fees. The customer threatened to leave a negative online review of Emma’s service and left the workplace.
Over the following month, the customer phoned Emma every Saturday to ask for the changes. Each time, Emma repeated the booking terms. The customer accused Emma of deliberately misleading them and called her a ‘liar’.
The customer also kept threatening to leave a negative online review about Emma. During these calls, Emma did not ask her colleague for help as they were busy serving other customers. Emma’s employer had decided not to roster on any extra weekend staff, despite the volume of work.
Emma became extremely anxious about going to work and answering inbound phone calls. She reported her concerns to the branch manager.
Emma’s manager took the following actions.
- Gave Emma the option to access psychological support through the workplace’s Employee Assistance Program provider.
- Offered options to modify Emma’s work arrangements.
- Explained the organisation’s process to respond to reports of psychosocial hazards, including bullying.
- Continued to monitor Emma’s wellbeing through regular conversations with her.
- Considered in the response to the report that Emma is a member of multiple at-risk categories – young employee and English as a second language. Emma’s manager recognised that these factors may intersect to increase Emma’s risk of harm from exposure to bullying.
Emma’s manager has provided individual support to Emma. But they have not properly responded to the report of a psychosocial hazard.
Read on to see how Emma’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Emma’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- consult with employees and any HSRs when identifying or assessing hazards or risks to health or safety at the workplace. <OHS Act s35>
Emma has been exposed to bullying at the workplace. She has also been exposed to other psychosocial hazards, including:
- high job demands
- low job control
- poor support
- aggression or violence.
Bullying can often be an outcome of exposure to other psychosocial hazards that are not controlled. Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
Employees who are young and less experienced may also be at increased risk of harm.
- Controlling the risks associated with psychosocial hazards
Emma’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Emma’s employer can implement include the following.
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Emma. For example, making alternative work arrangements that limit her contact with the customer while further actions are taken.
- Investigating the report in a fair, timely and transparent way. This should be done in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including bullying.
- Identifying and managing any ongoing risks in the working environment.
- Developing associated management plans where risks are identified.
- Implementing the investigation outcomes promptly.
- Developing and implementing a system of work to manage harmful customer behaviour towards employees. This includes the following.
- Clearly communicating to all customers how they should behave and possible consequences of any harmful behaviour.
- Using a flagging system to identify and flag customers engaging in harmful behaviour, including bullying.
- Reviewing processes and procedures to ensure that booking terms and conditions are clearly communicated to customers.
- Ensuring that:
- at least one senior employee is always working
- employees can escalate harmful behaviour to a manager.
- Rostering at least 3 employees during projected periods of high demand, such as weekends.
- Implementing or refining complaints processes so complex or difficult complaints can be escalated to more senior employees empowered to resolve them.
- Implementing procedures to:
- ban customers from the workplace
- escalate the situation if a banned customer enters the workplace.
- Encouraging employees to report any harmful behaviours, including bullying, they experience or witness.
- Responding appropriately to all reports of harmful behaviours, including bullying.
- Providing skills training to all employees on:
- systems of work to manage harmful customer behaviour towards employees
- being an active bystander and what to do if they witness bullying.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>
Oscar’s story
Oscar is a first-year apprentice carpenter. He works on domestic building sites alongside 2 labourers and a qualified carpenter, Ethan. Their supervisor is often offsite attending other jobs.
Over the last 3 months, Ethan has frequently belittled Oscar. He called him names and criticised him when he made minor mistakes. As instructed by their supervisor, all employees should clean up the site at the end of the day. But Ethan often assigned this task to Oscar to complete alone to ‘toughen him up’.
When Oscar asked Ethan questions about his work, Ethan mocked him in an impatient and dismissive way. As a result, Oscar had little guidance about which tasks he should be doing.
Oscar began to lose confidence and feel anxious before each shift. He often called in sick to avoid working with Ethan. Oscar considered quitting his apprenticeship and leaving the profession altogether.
One day, Ethan poked Oscar with a drill several times while he was working on a ladder. Oscar fell and fractured his wrist. He went to the local hospital’s emergency department and was admitted for immediate surgery.
Oscar’s supervisor notified WorkSafe under notifiable incident requirements. Oscar’s supervisor also took the following actions.
- Offered options to modify Oscar’s work arrangements.
- Continued to monitor Oscar’s wellbeing through regular conversations with him.
- Responded to Ethan’s behaviour in line with the employer’s code of conduct by standing him down.
- Reported the incident to the police, with consent from Oscar.
Oscar’s supervisor has provided individual support to him following the notifiable incident. But they have not properly responded to the report of a psychosocial hazard.
Read on to find out how Oscar’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Oscar’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- consult with employees and any HSRs when identifying or assessing hazards or risks to health or safety at the workplace. <OHS Act s35>
Oscar has been exposed to bullying in the workplace. He has also been exposed to other psychosocial hazards, including:
- poor support
- poor workplace relationships
- low role clarity.
Bullying can often be an outcome of exposure to other psychosocial hazards that are not controlled.
Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
Employees who are young and less experienced may also be at increased risk of harm.
- Controlling the risks associated with psychosocial hazards
Oscar’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Oscar’s employer can implement include the following.
- Acting promptly to identify and manage residual safety issues by implementing interim risk controls. This should be done in consultation with Oscar. For example, providing Oscar with additional supervision and support from his supervisor.
-
Triaging and undertaking a single investigation, reducing the need for Oscar to retell his story. The investigation should include the following actions.
- Collecting and reviewing information to determine if Ethan’s behaviour is in breach of the code of conduct.
- Gathering information to ensure there is an appropriate OHS response to the reported psychosocial hazards.
The investigation should be completed in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including bullying.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Implementing a structured mentoring program or buddy system for apprentices to help with on-the-job learning and support.
- Implementing regular in-person check-ins between supervisors and apprentices to discuss:
- workload
- task allocation
- learning needs
- any concerns.
- Reviewing how work is allocated on site to ensure tasks are fairly distributed.
- Supervisors and senior employees role-modelling appropriate workplace behaviours.
- Developing and communicating an accessible bullying policy and procedure that:
- defines what bullying is and isn’t
- sets expectations about behaviour
- explains reporting options and how the organisation will respond to reports.
This includes options for external and confidential reporting.
- Providing information, instruction and training to all employees on the following.
- Appropriate, potentially harmful and harmful workplace behaviours.
- The organisation’s policy and procedure for bullying. This includes defining what is and is not bullying.
- How to make a report of bullying, how the organisation will respond and what supports are available to all parties through the process.
- Being an active bystander and what to do if someone witnesses bullying.
- How to identify and respond to other psychosocial hazards and risks that may increase the risk of bullying.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>
Gita’s story
Gita works as an administration assistant at a busy, medium-sized allied health clinic in Melbourne’s outer suburbs. The clinic employs physiotherapists, podiatrists and administration assistants.
Recently, the clinic changed to a new booking system. This happened over a weekend when the clinic was closed. Employees received limited training on how to use the new system. Administration assistants were not shown how to email appointment reminders.
Following the system change, Jamie, an existing patient, did not attend his regular physiotherapy appointment. Gita called Jamie to ask why he did not attend and to arrange another appointment. She advised Jamie that the next available time with his usual physiotherapist was in 3 weeks.
Jamie became frustrated. He told Gita he did not receive an email reminder. He also said he was in significant pain and kept asking her to prioritise his appointment. Gita offered him a consultation with another physiotherapist. Jamie declined and abruptly ended the call.
In the lead-up to his next appointment, Jamie sent several long and cross emails. He demanded an earlier appointment and threatened to complain about Gita to management. Gita was unsure how to respond and asked her colleague for advice. Gita’s colleague was also uncertain and suggested that Gita ignore the emails.
When Jamie was at the clinic next, he told another customer to avoid being served by Gita because she was incompetent at her job. Gita overheard this comment and left her desk, visibly upset. The practice manager saw the interaction and followed up with Gita.
Gita discussed her concerns about Jamie’s behaviour with the practice manager. She said that she was anxious about coming to work and was finding it hard to concentrate. The practice manager:
- gave Gita the option to access psychological support through the employer’s Employee Assistance Program provider
- continued to monitor Gita’s wellbeing through regular conversations with her.
Gita’s supervisor has provided individual support to Gita. But they have not properly responded to the report of a psychosocial hazard.
Read on to find out how Gita’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Gita’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- consult with employees and any HSRs when identifying or assessing hazards or risks to health or safety at the workplace. <OHS Act s35>
Gita has been exposed to bullying in the workplace. She has also been exposed to other psychosocial hazards, including:
- poor organisational change management
- low role clarity
- poor support.
Bullying can often be an outcome of exposure to other psychosocial hazards that are not controlled.
Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
- Controlling the risks associated with psychosocial hazards
Gita’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Gita’s employer can implement include the following.
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Gita. For example, making alternative work arrangements so Gita has no contact with Jamie.
- Investigating the report in a fair, timely and transparent way. This should be done in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including bullying.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Developing ways to clearly communicate behavioural expectations to patients. For example, having patients sign a code of conduct agreement.
- Using a flagging system to identify patients with a history of harmful behaviour.
- Developing associated management plans. For example:
- implementing procedures to refuse service to certain patients
- implementing escalation procedures when these patients enter the workplace
- ensuring employees are aware of these plans and training them to respond appropriately
- regularly reviewing these plans and communicating any changes.
- Consulting with employees:
- before making any changes to work systems or processes
- in a clear, consistent, transparent and timely way.
- Implementing a complaints process that enables customers to escalate issues. Training employees on how to direct customers to this process.
- Developing and implementing a system for reporting and managing psychosocial hazards, including bullying.
- Providing employees with information, instruction and training on using the new booking system. This includes how to send appointment reminders.
- Ensuring employees are trained on any future changes to work systems or processes before they are implemented.
- Providing information, instruction and training to all employees on the following:
- Appropriate, potentially harmful and harmful workplace behaviours.
- The organisation’s policy and procedure for bullying. This includes defining what is and is not bullying.
- Being an active bystander and what to do if you witness bullying (including cyberbullying).
- How to make a report of bullying, how the organisation will respond and what supports are available to all parties through the process
- How to identify and respond to other psychosocial hazards and risks that may increase the risk of bullying.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>