Announcement: What is coming?A new positive duty rolling out in Qld to manage mental health and wellbeing

What does that mean for you as a business owner or leader?

Attention all business owners and leaders! If you read any blog, it should be this one - it affects  you and your business.  Starting 1 April 2023 in Queensland, persons conducting a business or undertaking (PCBU) in Queensland will have a positive duty under the Work Health and Safety Act 2011 (Qld) to manage psychosocial risks in the workplace. Equivalent provisions are already in effect in New South Wales, with the new duties to manage psychosocial risks having commenced in the Work Health and Safety Regulation 2017 (NSW) on 1 October 2022.

What does this mean for organisations, employers, employees and leaders? Continue reading below to find out more.

What are the changes?

The recent changes to workplace legislation in Australia have placed a new emphasis on the need for organisations to take an active role in addressing mental health and wellbeing in the workplace. The new statutory duties require PCBUs to take a more proactive approach to identifying and managing psychosocial risks. While many supervisors and managers are not equipped to recognise such potential situations, or indeed to understand the appropriate response, mismanagement of these risks can lead to a range of negative consequences for the organisation, including inconsistency of performance and productivity, workforce supply issues, staff turnover, team dysfunction, grievances, and litigation. By taking a more active approach to addressing mental health and wellbeing in the workplace, organisations can ensure that they are compliant with the new legislation and that their workers are protected from harm.

The Workplace Health and Safety Regulation 2011 (Qld) is being amended to new regulation to include an express duty that PCBUs properly manage psychosocial risks. The Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022 (Qld) requires duty holders to identify psychosocial hazards and manage the risks not only to workers but to other persons (e.g. members of the public or visitors to the workplace) that may be affected by the activities of the business. 

The changes will mean that duty holders need to implement systems and processes to protect workers and others from psychological risks arising from work-related sources. Some examples include: job insecurity, bullying, harassment and chronic understaffing. In particular, employers will need to have in place policies and procedures which address these risk factors and provide support mechanisms for workers who may be experiencing psychological harm as a result of their work.

What do the changes mean for PCBUs What are psychosocial hazards and risks?

Workers can be exposed to a variety of psychological hazards while on the job. Some of these hazards may include, but not limited to: exposure to traumatic events, violence and aggression, bullying and harassment, lack of role clarity, or poor organisational change management, job demands, work design, and more.

It is important for employers to be aware of these hazards and take steps to protect their workers from them. By creating a safe and healthy work environment, employers can help to prevent psychological problems from developing in their employees.

Psychosocial risks are risks to a person's mental health that can arise from hazards in the workplace. These risks can include anxiety, depression, stress, and other mental health issues. If left unaddressed, psychosocial risks can lead to absenteeism, lost productivity, and increased accidents and injuries. The new amendments to the Regulations list what matters a PCBU must have in regard to determining suitable controls for psychosocial risks, such as the design of work; the physical work environment; and interactions and behaviors in the workplace. By taking these factors into account, businesses can identify and address psychosocial risks before they lead to serious problems.

Safe Work Australia's recent publication of the Model Code of Practice: Managing psychosocial hazards at work is a major development for workplace health and safety in Queensland. The Code provides a comprehensive resource for Queensland businesses to understand and comply with their obligations under the new Regulations. The Code will become an approved code of practice in Queensland, and will be the key resource for businesses to demonstrate their compliance with the new Regulations.

Why are these changes happening?

The Queensland Government has recently released a number of changes to its Work Health and Safety laws in response to amendments made to the Model WHS Laws published by Safe Work Australia (see Part 3.2, Division 11 of the Model Work Health and Safety Regulations). These changes will help to ensure that workers across all industries are better protected from risks to their mental health and wellbeing. In addition to these changes, the Queensland Government has also committed to reviewing the WHS Act and Regulations on a regular basis, in order to ensure that they remain up-to-date and effective. This commitment will help to create a safer working environment for all Queenslanders.

How can Harissa Business Partners help?

The end of 2022 is fast approaching, and with it the deadline for all organisations to have systems, policies and processes in place to manage psychosocial risks is too very close.  This can be a daunting task, but we can help.

We offer a deep dive into the organisation to understand where the gaps are, we give you a roadmap to identify these areas with some tailored recommendations. We help you understand and manage mental health and wellbeing risks. Our services are designed to help leaders minimise stress claims by employees, and provide organisations with the tools they need to create a healthy and productive workplace. 

For more information about Harissa Business Partners services, or to discuss your organisation's specific needs, please get in touch. We look forward to helping you create a safe and healthy working environment for your employees and to drive high performance through your people.