What are WHS regulators looking for when assessing an employer’s management of psychosocial risk?

Each case will be different, depending on an organisational risk profile, but recent commentary from Safe Work South Australia’s Principal Inspector of Organisational Psychology, Sam Atkins gave some good ‘hints’ that PCBUs can apply to increase the likelihood of compliance.  This advice comes following a recent prosecution of a WA prison department that was handed a record-shattering $900,000 workplace health and safety fine in 2022, could receive another safety fine of up to $3.5 million, after becoming the first duty holder to be charged with failing to attempt to control psychosocial hazards under Western Australia's WHS laws.

Inspector Atkins in OHS Alert, in summary, indicated more genuine evidence of:

• identification of hazards;
• analysis on each separately identifiable risk;
• consultation with the workers regarding specific personal impacts; and
• assessment that any control measures are ‘fit for purpose’,

would be likely to demonstrate compliance and indicate that the PCBUs and workers are acting as trusted partners rather than independent entities in solving psychosocial issues.

Our Take 

Whilst it is extremely helpful to hear from a WHS regulator none of this should really be a surprise to a contemporary best practice organisation.  The key really is where is the actual evidence of a risk assessment process.  Otherwise, you are left with just ‘good intentions’ - which are extremely difficult to measure and rely on to demonstrate compliance.

Good intentions without actionable implementation are really just platitudes, whereas actual evidence of compliance steps can be demonstrated through a variety of mediums such as: EAP, surveys, policies, procedures, meetings of WHS committees, HSR’s, working drafts of guidance material, budgets, inductions, training programs and records, lead and lag indicators, designated site visits, internal and external audits just to name a few.

Action Items

If for example your organisation had identified high levels of psychosocial harm within the organisation what could you do?

• Ask your workers where that psychosocial harm/risk comes from - it could be anything from cost-of-living pressures, interpersonal conflict at home or with their manager or co-workers through to uncertain role clarity.  Risk management principles require us to focus more of our efforts on the higher risks
• Once you have an idea of the main causes of the psychosocial risk then ask your workers (through a survey, focus group, committee meeting etc) what existing control measures are working/not working and why - business needs to understand where it needs to most effectively and efficiently direct its resources. 
• Implement a revised level of control measures - this will be the improved attempt by the PCBUs to improve safety outcomes based on the previous analysis.  Not all new safety initiatives are effective.  Your control measures could be anything from: one-on-one weekly meetings through to ineffective once a year performance appraisals
• Evaluate the effectiveness of the new control measures through a combination of audit, consultation and analysis

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