Psychological Safety
Laws, Legislation and Responsibilities
Work-related psychological health and safety
Safework Australia requires a systematic approach to meeting your duties.
We’re With You Every Step of The Way
We provide a systematic practical approach to managing work-related
psychological health and safety.
In Australia, there are specific legislations related to psychological safety in the workplace and there are several laws and regulations that aim to promote a safe and healthy working environment for all employees.
- Fair Work Act 2009: This act sets out the basic rights and obligations of employers and employees in the workplace, including the requirement for employers to provide a safe working environment.
- Work Health and Safety Act 2011: This act establishes a framework for the protection of the health, safety, and welfare of employees, contractors, and other people in the workplace. It requires employers to identify and manage health and safety risks and to consult with employees on health and safety matters.
- Discrimination, Harassment, and Vilification Act: This act makes it unlawful for employers to discriminate against employees on the basis of their race, religion, sexuality, or other protected characteristics. It also makes it illegal to harass, bully, or victimize employees in the workplace.
- Privacy Act 1988: This act sets out the rules for the collection, storage, and use of personal information by organizations, including employers. It aims to protect the privacy of employees and to ensure that their personal information is not misused.
In addition to these laws, employers have a responsibility to provide a safe and healthy working environment and to promote a culture of psychological safety. This can be achieved through clear policies and procedures, regular annual training, and an open and supportive culture that encourages employee to speak up and seek help if they are feeling stressed or overwhelmed.
PrePlanning
This element focuses on your duties under WHS laws.
Preventing Harm
To do this you must
systematically and comprehensively
identify work-related hazards and risks
Intervene Early
This element includes some aspects required under both WHS and
workers’ compensation laws and some which are considered best practice.
Support Recovery
This element relates to your duties under workers’ compensation laws.
Legislative requirements vary across Australia but there are common elements in each
jurisdiction.
Inner Circle
his includes important actions that should be occurring throughout the three stages and on an ongoing basis
ensuring there is good work design and safe systems of worka.
We use a systematic approach to preventing
harm and supporting recovery
Using a thorough and systematic approach can have significant business benefits including:
– decreasing business disruption and costs from work-related psychological injury
– improving worker motivation, engagement and job satisfaction so increasing
– productivity, reducing absenteeism and turnover, and ultimately helping your organisation achieve its business goals, and
– enhancing your reputation as an employer of choice.
Our Approach
A systematic approach to preventing harm and supporting recovery in the workplace involves several key steps:
- Assessment of risks: The first step is to identify the potential risks that could cause harm to employees in the workplace. This can include physical risks, such as hazardous working conditions, as well as psychological risks, such as workplace stress and burnout.
- Implementation of controls: Once the risks have been identified, the next step is to implement controls to mitigate them. This can involve physical changes to the workplace, such as installing safety equipment, or changes to work processes and procedures, such as reducing workloads or providing additional support.
- Training and education: Employers should provide regular training and education to employees on how to identify and manage risks, as well as on how to promote a healthy and safe work environment. This can include training on mental health and stress management, as well as training on how to respond to incidents and emergencies.
- Monitoring and review: The effectiveness of the controls should be regularly monitored and reviewed to ensure that they are working as intended and that any new risks are identified and addressed. This can include regular surveys and feedback from employees, as well as regular audits of the workplace.
- Support for recovery: In the event that an employee is affected by harm in the workplace, it is important to provide them with appropriate support to help them recover. This can include access to counseling and other mental health services, as well as adjustments to their work arrangements, such as flexible working hours or reduced workloads.
By taking a systematic approach to preventing harm and supporting recovery in the workplace, employers can create a safe and healthy working environment that protects employees and promotes their well-being.
Under the laws and legislation related to psychological safety in the workplace, employers have several obligations to ensure a safe and healthy working environment for their employees. Some of these obligations include:
- Providing a safe working environment: Employers are required to provide a safe working environment that is free from physical and psychological harm. This means that they must identify and manage any risks that could cause harm to employees and take steps to mitigate those risks.
- Preventing discrimination and harassment: Employers are obligated to prevent discrimination and harassment in the workplace and to ensure that employees are treated fairly and with respect. This includes preventing harassment and bullying based on race, religion, sexuality, or other protected characteristics.
- Protecting privacy: Employers must comply with the Privacy Act 1988 and protect the privacy of their employees. This includes ensuring that personal information is collected, stored, and used in accordance with the law.
- Consultation with employees: Employers are required to consult with their employees on health and safety matters and to involve them in the development of policies and procedures related to psychological safety in the workplace.
- Providing support for recovery: In the event that an employee is affected by harm in the workplace, employers must provide them with appropriate support to help them recover. This can include access to counseling and other mental health services, as well as adjustments to their work arrangements.
By meeting these obligations, employers can promote a safe and healthy working environment that protects the well-being of their employees and helps to prevent harm.