A GUIDE: MANAGING PSYCHOSOCIAL HAZARDS (INCLUDING SEXUAL HARASSMENT)

We have prepared the following guide to assist you in managing psychosocial hazards including sexual harassment, in accordance with the new legislative amendments in the Work, Health and Safety Act 2011 (Cth), Sex Discrimination Act 1984 (Cth) and Fair Work (Respect at Work) Amendment Act.

These laws enact a positive duty for organisation to ensure they eliminate or minimise the risk of harm regarding psychosocial hazards within the workplace.  

Psychosocial hazards refer to the work itself and the interactions between employees which can impact their mental health and emotional wellbeing. When psychosocial hazards and risks at work are not effectively managed, it may increase the risk of work-related psychological and physical injuries.

Recent data taken from the Nationals Dataset for Compensation-based statistics (NDS), People and Work (PAW) survey and the National Return to Work (NRTW) survey indicated that of the 10,000 serious mental stress claims in 2021-2022, 52.2% we due to work related harassment or bullying and work pressures. This represents a 36.9% increase in claims since 2017-18.

The model Work Health and Safety Regulations (Cth) were amended to include psychosocial hazards and risks and came into effect on 1 April 2023.

Further, Safe Work Australia has developed a model Code of Practice for Managing psychosocial hazards at work. This code of practice provides guidance if you have functions or responsibilities that involve managing, so far as is reasonably practicable, exposure to psychosocial hazards and risks to psychological and physical health and safety at work. 

Workplace sexual harassment is defined as a psychosocial hazard.  Under the Sex Discrimination Act 1984 (Cth) and the Fair Work Act (Respect at Work) Amendment Act, organisations and businesses now have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:

• discrimination on the grounds of sex in a work context

• sexual harassment in connection with work

• sex-based harassment in connection with work

• conduct creating a workplace environment that is hostile on the grounds of sex

• related acts of victimisation

The new positive duty was introduced in December 2022. It imposes a legal obligation on organisations and businesses to take proactive and meaningful action to prevent relevant unlawful conduct from occurring in the workplace, or in connection to work. Taking preventative action will help to create safe, respectful and inclusive workplaces.