New WHS regulations to support employers in managing psychological injury risks

New workplace health and safety regulations are set to be rolled out in December this year, aimed at providing better guidance to workers and employers on how to manage the risk of psychological injuries and illnesses in the workplace.

Attorney-General of South Australia Kyam Maher confirmed the new WHS regulations last week, which fall under the Work Health and Safety Act 2012.

The new regulations, he said, reflect the outcomes of an independent review of Australia’s model work health and safety laws in 2018, which recommended more specific guidance on how to identify and manage psychosocial risks.

Effective December 2023, the regulations will be supported by a code of practice on managing psychosocial hazards at work, which will provide practical guidance on how to manage risks to psychological health, developed in consultation with workers and businesses.

Mr Maher described the regulations as necessary, noting psychological illnesses have a significant effect on workers’ health, as well as business productivity. There has been a growing recognition of the need for the work health and safety framework to better deal with risks of psychological harm, he said.

“Preventing psychological harm is an essential part of creating a safe and healthy workplace,” Mr Maher told media.

“These new regulations are part of a significant national effort to better address the risks caused by psychosocial hazards at work, and recognise that a worker’s psychological health is just as important as their physical health.

“I look forward to continuing to work with both business and worker representatives to improve health and safety in South Australian workplaces.”

SafeWork SA executive director Glenn Farrell welcomed the new regulations.

“A psychologically safe environment creates the foundation for workers and businesses to thrive,” he said.

“The new regulations and code of practice will support businesses to be proactive in ensuring their most valuable assets – their workers – are free from harm at work.

“SafeWork SA will be working with employer and employee organisations to push out guidance material to understand business owners’ understanding [of] their obligations.”

Earlier this week, HR Leader reported on how a recent matter concerning a fire assay company prompted a call for employers to be vigilant on their workplace health and safety measures.

The company, Jinning, pleaded guilty in Kalgoorlie Magistrates Court last week to two charges of failing to ensure that biological monitoring was conducted on an employee in a lead-risk job, along with two charges of failing to ensure that counselling and health surveillance were provided to workers in a lead-risk job.

“This case should serve as a warning to other workplaces involved in fire assay or any other lead-related activity that their workers’ lead levels must be carefully monitored and action taken if they approach removal level – otherwise, the employer risks prosecution,” said WorkSafe deputy commissioner Sally North.