Is Your Workplace a Ticking Time Bomb?

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Understanding the impact of psychosocial hazards

Under work, health and safety laws, Australian businesses may be subject to maximum penalties of over $2 million for individuals and over $11 million for body corporates for offences.


Job demand hazard

Sam is a staff nurse who has just completed a 16.75-hour stint at a local hospital. She started at 9.00AM and finished at 1.45AM the following morning. She is then expected to start her next shift after an eight-hour break. 

Low job control hazard

Pete works in an auditing firm and has a set number of processes he needs to complete during the end of financial year activities. He sees several shortcomings and wants to propose alternative ways of working, but his manager is very prescriptive and is not open to suggestions or feedback. Pete has developed severe migraines over the last three weeks that don’t seem to go away.

He feels increasingly stressed by the nature of his work and hopeless about his ability to change it.

Traumatic event hazard

There was a recent violent attack on a university campus grounds that resulted in a death. Lee, who works in administration, has been deeply traumatised by the incident and the university’s lack of communication about it. This event has triggered Lee’s personal history of abuse and they are unsure where to obtain support at work.

The university administration is keeping tight-lipped about the entire incident.

The impact of hazards

While workplaces can provide opportunities for collaboration, camaraderie, and  a sense of personal accomplishment, they also present many opportunities for hazards to arise. These hazards can be wide-ranging, some arising sporadically while others are constantly present. 

We may typically be more familiar with physical hazards, such as constant loud noises where heavy machinery is in use for long periods, or exposure to dangerous chemicals. However, what has gained more prominence in recent times is the rise of psychosocial hazards.

A psychosocial hazard includes anything capable of causing psychological harm, including bullying, role ambiguity, limited job control, remote or isolated work, violence, aggression, harassment and more.

For organisations that may be unperturbed by high turnover, absenteeism, decreased employee job satisfaction, or harassment occurring at their workplace, it is important to understand the full impact of psychosocial hazards. These hazards do not only affect employees but can pose significant risks to the organisation. 

The fact is that every employee has the right to a safe and healthy workplace. Employers must ensure that the systems, processes and practices in place, are legally compliant, at all times.

This involves a clear understanding of possible risks that may impact the business, steps taken to mitigate and manage these risks, as well as ongoing monitoring in an increasingly agile business environment. 

Risks

What may some of these risks involve? The following are a few examples:

  • Reduced productivity — Unless you are taking steps to measure this, you won’t be aware of the financial and non-financial impacts
  • Increased absenteeism — This could be due to stress-related illnesses, prolonged sick leave and mental health days. This creates unnecessary burdens on those left to pick up the slack, increased healthcare costs (where health insurance is provided) but disrupts the organisation
  • High turnover — Do you realise the full weight of financial losses resulting from continuous recruiting, hiring, onboarding and training? Are you aware of the resulting damage to your organisation’s reputation as an employer?
  • Operational errors — Whether caused by stress, fatigue or a hostile work environment, there may be more errors or accidents, which in turn, can lead to impacts on your organisation’s products or services, or lead to safety incidents

What can be particularly concerning is the possibility that one or more psychosocial hazards may be present at your workplace, and these hazards may interact and combine to create new or higher risks.

Workplace health and safety laws include protections against psychosocial hazards. Your obligation as an employer is to ensure that you eliminate psychosocial risks. Where that is not possible, you must minimise them as far as practicable. 

If you are keen to learn more about your obligations, see Safe Work Australia’s Model Code of Practice: Managing psychosocial hazards at work. This is a practical guide for compliance under the model WHS Act and regulations.

Employers must remain aware of their obligations in this respect and take appropriate steps to remain compliant, paying attention to applicable timeframes. Wurth HR offers consulting and training on the issues above. Feel free to contact us if you have questions or require guidance on specific steps your organisation needs to take. Email David Wurth for an obligation-free discussion at  info@wurthhr.com.au

The jurisdictions that have adopted the model WHS laws are the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania, the Commonwealth and Western Australia.

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Right to Disconnect

Human resources Sydney

What employers need to know

The new ‘right to disconnect’ 

  • starts 26 August 2025 for small business employers
  • starts 26 August 2024 for business employers with 15 or more employees

As a result of recent changes to Fair Work laws, employees in Australia will now be granted the right to disconnect from their employer outside of work hours. 

What will this mean for employers? These changes affect several areas of importance. Employers must review their internal processes, systems and practices, as well as internal communications to ensure compliance with these changes. 

What is the right to disconnect?

Eligible employees will have the right to refuse employer or third-party contact outside of working hours unless the refusal is unreasonable. This means that an employee can refuse to monitor, read, or respond to any communication from their employer or a third party. 

If there is disagreement between the employer and employee about this right, then the law also prescribes a process for resolving the dispute.

When do these changes begin?

The start date for enforceability varies depending on the size of your business. If you run a business with 15 employees or more, you will be regarded as a non-small business employer. These changes take effect for you from 26 August 2024.

However, if your business has fewer than 15 employees, you will be considered a small business employer, in which case, these changes will take effect from 26 August 2025. 

What makes a refusal unreasonable?

Several issues must be considered in determining whether a refusal is unreasonable:

  • the reason for the contact or attempted contact
  • how the contact is made and the level of disruption caused to the employee
  • the extent to which the employee is compensated
    • to remain available to perform work during the period in which the contact is made
    • for working additional hours outside of the employee’s ordinary hours of work
  • the nature of the employee’s role and their level of responsibility
  • the employee’s personal circumstances (including family or caring responsibilities

These laws may appear oppressive; however, they form an extension of the obligations businesses already have to ensure psychosocial safety of all their employees. A safe workplace is everyone’s responsibility.

What should you do?

As an employer, there are several things you must do to remain compliant with these legal changes:

  • Maintain open lines of communication with your employees so that you can address issues effectively as they arise
  • Help your employees understand what these legal changes mean for them and how they may be affected
  • Review your employment contracts to ensure these spell out rights and obligations accurately, taking into account these changes
  • Update existing policies and processes to reflect these changes and obligations
  • Update your recruitment policies and procedures to be clear about expectations for out-of-hours contact
  • Ensure that there are robust processes in place to ensure risks to health and safety arising from out-of-hours contact are eliminated or minimised

Employers must remain aware of these changes and take appropriate steps to remain compliant. Wurth HR offers consulting and training on the issues above. Feel free to contact us if you have questions or require guidance on specific steps your organisation needs to take.
▶ Email David Wurth for an obligation-free discussion at 
info@wurthhr.com.au

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