Reducing Psychosocial Hazards, Injuries and Claims

by Jan 17, 2023View 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.

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Based on national data received and analysed by Safe Work Australia (2021), 8% of all work-related claims are attributed to psychosocial injuries, ranking as one of the top 4 causes for work-related injuries and disease within Australia in 2020. These statistics demonstrate the growing importance to increase awareness and preventative efforts to identify and eliminate psychosocial hazards within the workplace, otherwise we will see these figures rise and impact the national workforce.

What is a Psychosocial Hazard?

A psychosocial hazard is anything in the working environment that causes an individual high stress that leads to the development of physical or psychological harm such as; anxiety, depression, post-traumatic stress or sleep disorder, fatigue or musculoskeletal injury and/or chronic disease.

Psychosocial hazards in the workplace vary and are inclusive of:

  • Mismanaged working environments causing stress such as, high job demands, lack of support, and inadequate employee consideration or recognition of efforts;
  • Equipment, substances, and structures that negatively impact the working environment such as, loud noises and production of excessive dust;
  • Poor physical working environments such as, remote or isolated conditions; and
  • Workplace relationships, interactions, and behaviours such as, bullying, harassment, discrimination, and poor organisational culture.

It has been identified by Safe Work Australia that you can reduce the likelihood of psychosocial injury by improving:

  • Task and role demands. Matching employee ability and capacity to expectations and demands, so as to not overload or overwhelm;
  • Work processes and systems. Making organisation process and structures clear, accessible and easy to navigate;
  • Design and layout of environmental conditions inclusive of accommodation, maintenance and layout of plant to reduce negative impacts;
  • Relationships within a team. Fostering supportive and positive leadership and relationships; and
  • The quality of training efforts and conducting these regularly to inform and raise awareness of the psychosocial hazards and employee responsibilities surrounding such.

In some working environments the psychosocial hazards are greater and somewhat unavoidable due to the nature of the work and the implications of the associated environmental factors. Regardless, employers need to be aware of and to manage these, not only for the well-being of employees and company culture, but also because of the hefty consequences that can result if ignored.

A recent case brought in August 2020 saw a sizeable monetary consequence, in which an employee filed for compensation of damages for psychosocial injury in response to the circumstance surrounding dismissal. It was determined that the employment contract and duty of care were breached as the employer failed to follow the company disciplinary process accordingly and that the treatment of the employee was unwarranted and unprofessional. The judge found that should the employer have handled the situation more ‘sensitively’ and ‘fairly’ the employee would not have entered such a serious psychiatric state. As a result, the employee was entitled to approximately $1, 733, 119 to compensate past and future damages and economic loss.

Do not allow your workplace culture to slip and be impacted by cultivating psychosocial hazards, but rather protect your employees and ensure that they are receiving the support, training, and assistance to manage their workload and expectations. Assurance HR Management act as a third-party consultant for many businesses across Tasmania, with the capacity to help you with WHS and HR Reviews, Training, Compensation Claims, and Conflict Resolution.  Contact us today on 1800 577 515 to discuss your business specific needs. 

Elisha v Vision Australia Ltd [2022] VSC 754 (13 December 2022) (austlii.edu.au)

Safe Work Australia. (2021). Key work health and safety statistics Australian 2020 – 21. https://www.safeworkaustralia.gov.au/sites/default/files/2021-10/Key%20work%20health%20and%20safety%20statistics%20Australia%202021.pdf

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