Managing Psychosocial Hazards (Part 2) – Tips for PCBU’s in Documenting Compliance with their Duty

In a recent article, our Workplace Relations, Employment and Safety Team wrote about whether WorkSafe will soon move from “Education to Enforcement” of psychosocial hazards.

Our lawyers have now identified 12 tips to consider in ensuring key documentation is in place so your business can demonstrate its effective management of the risk of psychosocial hazards:

1. Risk assessment documentation: should be up to date and informed by physical site visits, contemporary workplace data, consultation with workers and other persons conducting the business or undertaking (PCBU’s) (if required), and include reference to known hazards and control measures identified in published Codes of Practice and Guidance Materials;
2. HR and WHS Records: should be readily available and inform risk assessments, including: staff absenteeism, timesheets (to show workloads), incident report forms, documentation of formal and informal complaints and completed investigation reports;
3. Consultation documentation: it is important to record consultation with workers and other PCBU’s (for example on joint projects) and be able to demonstrate how that consultation has informed risk assessments and control measures. This can include: meeting/interview notes, staff surveys (including organisation-wide anonymous surveys), proof of consultation where organisational change has occurred, and collating email records or internal announcements that document this consultation.
4. Workplace policies and procedures: code of conduct, sexual harassment, bullying, whistleblower and grievance policies. Make sure these are up to date, compliant, and there is a record of staff being regularly trained in them.
5. Posters and information sheets: should be clearly accessible to staff in the workplace, particularly in common areas (for example details of after-hours emergency contacts and external EAP services);
6. Manager and Contact Officer training records: you will need to be able to demonstrate recent Executive and Manager training on psychosocial hazards that is specifically targeted at your Managers with direct reports. Contact officer training should also be recorded and easily accessible;
7. Induction records and staff training: attendance records for proper staff inductions and regular training of all staff in relation to psychosocial hazards, procedures and control measures, and engaging in positive workplace behaviours;
8. Minutes of meetings: (such as Executive/Board meetings) to demonstrate psychosocial hazards have been on the agenda and discussed, and allocation of funding and resources in this area is being recorded;
9. HSE surveys and quality audits: should be completed and signed off on a regular basis documenting the implementation and review of control measures as outlined in applicable Codes of Practice;
10. WFH policies, consent forms, and checklists: any flexible work arrangements should consider management of psychological health;
11. External consultant documentation: if you have engaged a specialist external safety consultant (eg. organisational psychologist, professional mediator, or service provider) to deliver training, conduct staff surveys, or undertake workplace mediation, make sure there is evidence of it.
12. Health and Safety Representatives and Committees: if in place, ensure your processes are up to date in recording and documenting compliance requirements with the WHS Act for HSR’s.

We are pleased to see many of our clients recently engaging our services to conduct an audit of psychosocial risks and assist them with ensuring their documentation and procedures are up to date. WorkSafe WA, the Australian Human Rights Commission and the Fair Work Commission now have expanded powers to act in relation to dealing with psychosocial hazards in the workplace. It is important to be fully informed of how your business can best comply with the many positive legislative duties and be ready to produce documentation to a regulator at short notice.

Please do not hesitate to contact us if you would like to discuss management of psychosocial hazards in the workplace or any other aspect of your WHS management system.

This information is intended as a general overview and discussion of the subjects dealt with. The information provided is not intended to be, and should not be used as, a substitute for taking legal advice in any specific information. Panetta McGrath is not responsible for any actions taken on the basis of this information.