Psychosocial Legislation and Employer Obligations

by AHR SupportJul 14, 2023Industrial Relations, View All, WH&S

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

Next Step

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As of the 1st of April 2023 for Commonwealth jurisdictions a new code has been introduced to the Workplace Health and Safety Acts Code and Regulations. Each state will adopt the code and roll out within their jurisdiction. The introduced code states that employers need to, ‘manage the risk of psychosocial hazards at work’, increasing preventative efforts to address any potential hazards in the workplace.

Obligation

In Australia, it is an Employer’s obligation to work within the guidelines of the Workplace Health and Safety Act 2011. This states that employers have a duty of care to provide all employees with a safe working environment that is free of harm, inclusive of psychosocial (mental) injury. In some industries, there may be additional regulations that relate to psychosocial hazards, dependent upon the industry and the nature of work. For example, industries that involve risk of physical harm or violent interaction, may requisite additional employer efforts to implement control measures to prevent PTSD, anxiety and/or other relative mental health issues.

Prevention

Psychosocial risks and hazards can result from just about anything, which only enhances the importance of employers implementing effective process and control measures to eliminate, isolate and regulate these. To successfully manage psychosocial risks, employers need to:

Identify the hazards

Assess the risks

Implement control measures for eliminating or isolating the risk

Regularly review measures for effectiveness and relevance (not just the measures but employee feedback on the effectiveness!)

Consult, notify, and educate employees of changes

To learn more, see our blog post ‘Reducing Psychosocial Hazards, Injuries and Claims’.

Scope

We urge you not to limit your understanding of psychosocial injury to incidents and claims that are specific to this being the primary health cause and provoked by only ‘workload’. It is a very broad area that requires identification of potential impacts beyond daily tasks and the office. For example, a lack of employee communicative efforts to employees working within flexible working arrangements poses a great risk to employee psychosocial health, as they may be feeling disconnected and stressed.

There is also the risk of developing of a secondary injury, which occurs as a result of an existing physical injury or circumstantial factor. Secondary injury often develops during an employee compensation claim, with the potential for employer communication to be ‘too much’ or ‘not enough’. This can greatly impact the mental injury of an employee and the management of associated claims. If you can relate to this or want to know more, we advise you read here.

Solution

The team at AHR understand how overwhelming it can be to manage all aspects of HR, especially when it comes to understanding the continuously increasing scope that is full workplace compliance. We can equip you with the tools to manage or eliminate psychosocial hazards in your workplace, we can work with you to implement and isolate the risks, or we can do it all for you and provide you with regular reviews, feedback and prompt employee notice. Get in touch with the AHR team today on 1800 577 515, and one of our professionals will assist you in identifying the most appropriate services to suit your needs. Remember, a WHS compliant team is a safe, happy, and productive one!