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Over approximately the last 12 to 18 months, there has been a wave of new safety requirements implemented in most of the states and territories in Australia. These safety requirements have been implemented to ensure that any person conducting a business or undertaking are taking the appropriate active steps to commence this new risk-based process for psychosocial hazards, which includes bullying, harassment and sexual harassment (psychological and physical harm).
The new Code of Practice, ‘Managing the Risk of Psychosocial Hazards at Work 2022’ has been implemented in the states and territories as follows:
In October 2022, WorkSafe Victoria published articles that advised all employers to identify and manage psychosocial hazards in their workplaces and are utilising their already existing safety laws to deal with sexual harassment in the workplace.
Psychosocial hazards are anything in the design and/or management of a workplace that increases the risk of psychological or physical harm. The new Code of Practice provides that a psychosocial hazard can be:
Any person conducting a business or undertaking is required to conduct a risk assessment to identify and manage the psychosocial hazards and risks in their business.
The new Code of Practice recommends that the following steps be taken by any persons conducting a business or undertaking:
If a business operates across different state borders, the Workplace Health and Safety Regulation and the new Code of Practice in each of the states should be reviewed by the workplace, and the highest standard of practical control measures should be set.
If a person conducting a business or undertaking does not take the above steps, they are at risk of facing criminal charges should a person suffer a psychosocial hazard in their workplace.
Emily Wright and our team are specialist personal injury lawyers who can assist you with your claim on a ‘No Win No Fee’ basis. If you would like advice in relation to a personal injury claim, including a medical negligence claim, please reach out to Emily Wright and Littles Lawyers today.