Author: Amy Zhang

The WHS regulator, SafeWork NSW, is ramping up checks on psychological health and safety in NSW workplaces, flagging that when inspectors respond to a request for service in organisations with 200 or more workers, including the public sector, they will now do a standardised check to see if the workplace is meeting its duty to manage psychosocial hazards. This includes if the purpose of the visit is unrelated to psychological health and safety.

The regulator has also made it clear that it will not hesitate to take regulatory action against PCBUs for non-compliance.

This is a significant development and reflects the ongoing focus by WHS regulators across the country on psychosocial risk and safety in the workplace, including monitoring, investigating and taking enforcement action in respect to failures to manage psychosocial hazards in the workplace. It follows the introduction of SafeWork NSW’s Code of Practice concerning managing psychosocial hazards at work, and similar codes by other WHS regulators in other jurisdictions around Australia.

While the latest announcement focuses on organisations with 200+ workers, in practice, we have seen SafeWork NSW take a strong approach on these issues in respect to businesses of all sizes.

In light of these recent developments and the greater focus on psychosocial risk, PCBUs that fail to comply with their WHS obligations will now be at greater risk of being caught out.

In light of this, it is critical that PCBUs understand what their WHS obligations entail and ensure that their businesses are complying with those obligations. A preventative approach is key, and regular audits and training will assist businesses to keep on top of their legal obligations, and help to avoid regulatory action and significant legal, financial and reputational exposure.

If you require advice or assistance in relation to your business’ WHS issues, please call our Harmers legal team at +61 2 9267 4322.

© Copyright Harmers Workplace Lawyers 2024. All rights reserved. No part of this alert may be reproduced, in whole or in part, by any means whatsoever, without the prior written consent of Harmers Workplace Lawyers.

Disclaimer: This news alert provides a summary only of the subject matter covered without the assumption of a duty of care by the firm. No person should rely on the contents as a substitute for legal or other professional advice.