Topic 4 – Responding to Psychosocial Incidents

Lesson 1 Topic 4: Responding to Psychosocial Incidents

There are various ways how a PCBU may become aware of a psychosocial hazard or incident.  For instance this may be through consultation, risk or incident registers or reports from HSRs or safety committee members etc.

It is important that a positive organizational culture is created and maintained that supports reporting of psychosocial hazards.

Persons tasked with responding to incidents should consult and communicate with affected workers on how they propose to investigate & manage the matter and provide information on proposed actions, improvements, updates, timeframes and also make available fair and adequate access to psychological support.  Privacy and confidentiality considerations must be observed.

Any investigation must occur in a timely manner with the aim to rectify the situation and to prevent a recurrence.  As with any investigation, the level of the investigation should be consistent with the seriousness of the incident and carried out by competent personnel.  In some cases, assistance from experts and/or external professionals may be needed.

In case of serious injury, the incident may be a “notifiable incident” and must then, by law, immediately be reported to the regulator.

The PCBU should always ensure that privacy and confidentiality of affected workers is protected and that they are:

• • • informed of their rights and obligations
    • provided with copies of applicable policies and procedures,
    • kept informed about developments and outcomes
    • provided with adequate and fair support.

A risk register should be kept and is a helpful way to record psychosocial and physical hazards, risks and incidents.  It is also a way to monitor whether these issues are being adequately addressed.  The regulator may ask to see copies of any records relating to psychosocial risk management.

Other important considerations:

You need to consider other legislative frameworks.  WHS and Workers’ compensation laws do not operate in isolation and other laws may also be relevant such as:

• • • Criminal laws
    • Anti-Discrimination laws
    • Fair Work Act
      
    • Privacy laws

Requesting workers to disclose their health conditions is a sensitive issue and may cause you to be in breach of other laws.  You should get advice from a workplace relations expert on these matters.

Reasonable Management Action

Another important consideration is the meaning of “Reasonable Management Action”

Managing psychosocial hazards and risks may require decisions that may be perceived as causing stress and therefore a WHS risk.  However, reasonable management action, when carried out lawfully and in a reasonable way, may be uncomfortable or distressing to some, but is a legitimate way for managers and supervisors to:

• • • lead, direct and control how work is done
    • give feedback and manage performance, including around inappropriate or harmful workplace behaviours
    • deal with differences of opinion and disagreements, or/and
    • recruit, assign, transfer, implement disciplinary action or terminate employment.

Resources

For more information on ‘reasonable management action’  refer to Fair Work Commission guidance material:

• • • What does ‘reasonable management action carried out in a reasonable manner mean?

Specific advice on how to manage risks from bullying and fatigue may be found in the following publications:

• • •  Guide to Preventing and Responding to Workplace Bullying
      
    •  Dealing with Workplace Bullying – a Workers’ Guide
      
    •  Guide for Managing the Risks of Fatigue, and
    •  Fatigue Management – A Guide for workers
      
    •  Work related psychological health and safety
    •  Principles of Good Work Design: a WHS Handbook

The above guides are available from the SafeWork Australia website safeworkaustralia.gov.au

• • • Code of Practice; Managing psychosocial hazards at work, available from the SafeWork NSW website safework.nsw.gov.au
      

• • • People at Work website;  peopleatwork.gov.au
      People at Work is Australia’s only validated psychosocial risk assessment survey.  The survey assesses a number of the most common psychosocial hazards and factors.