Queensland’s Newly Implemented – Managing the Risk of Psychosocial Hazards at Work, Code of Practice 2022

As of the 1 April 2023, new legislative amendments to the Work Health and Safety laws in Queensland commenced including the introduction of a new Code of Practice, called the ‘Managing
the Risk of Psychosocial Hazards at Work, Code of Practice 2022’ has come into effect for Queensland employers and workers. These amendments provide guidance on how to prevent risks
of psychological hazards in the workplace and the release of this new Code of Practice is an important step to keeping Queensland workplaces safe, healthy and productive.

The ‘Managing the Risk of Psychosocial Hazards at Work, Code of Practice 2022’ is an approved Code of Practice under the Work Health and Safety Act 2011 (Qld). The Code of Practice is a legally
enforceable Code which includes steps and examples on how to identify, assess, monitor and control these hazards with respect to different industry types.

The Work Health and Safety Act 2011 (Qld), specifically states that workers should be given the highest practical level of protection against harm to their health and safety to hazards and risks
arising from work. The word ‘health’ is defined in the Work Health and Safety Act 2011 (Qld), as ‘physical and psychological health’.

The recent legislative amendments now define ‘psychosocial hazards’ and ‘psychosocial risks’ to workers health and safety in the Work Health and Safety Regulation 2011 (Qld). The introduction of the amendments to the Work Health and Safety Regulation 2011 (Qld) and implementation of the Code of Practice, raises the profile and awareness of existing duties and ambiguities regarding the obligation to manage risks to psychological health and safety as well as provide guidance to
minimise risk to psychological health and safety.

Psychosocial hazards can be anything with respect to the design, practice and or management of the workplace that can increase the risk of psychological or physical harm on workers as follows:

  1. High and or Low Job Demands – This can include a combination of high and or low physical, mental and or emotional demands, creating a risk to health and safety to workers;
  2. Low Job Control – This is where workers have little or no control over what happens in their work environment, how and when their work is done and or the objectives of their job;
  3. Poor Support – This refers to task or jobs where workers have inadequate emotional and or practical support from the supervisors, co-workers and inadequate training in or information to support their work performance, equipment, tools and resources with respect to their job;
  4. Low Role Clarity – This is when workers have uncertainty and or frequent changes to tasks and or work standards. For example, where information is not available and or where there might be conflicting roles, responsibilities and or expectations;
  5. Poor Organisational Change Management – This refers to organisational change management that is poorly organised, planned, communicated, managed and or supported;
  6. Low Reward and Recognition – This is where there is an imbalance of the workers efforts and recognition of both informal and formal recognition of efforts and or reward to reflect that effort;
  7. Poor Organisational Justice – This is where there is an obvious lack of procedural fairness within the organisation regarding processes such as decision making, keeping people informed and interpersonal fairness concerning the treating of people in the workplace with dignity and respect;
  8. Poor Workplace Relationships including Interpersonal Conflict – This can occur between managers, supervisors, co-workers or other workers, and or other workers that are required to interact. Conflict may include excessive rude comments and or disagreements between another or multiple people;
  9. Remote and or Isolated Work – This is when a worker is required to work in an isolated location, environment and or remotely without the assistance of other people given their location, time and or nature of work;
  10. Poor Environmental Conditions – This refers to when workers are exposed to environmental conditions that are unpleasant, poor quality and or hazardous to both workers physical environments or conditions that ultimately can cause a stress response;
  11. Traumatic Events – This refers to when workers are exposed to hazardous work conditions through investigating, witnessing and or being exposed to a traumatic event end or situation. As a result of that exposure, a person is more likely for example, to experience an event as traumatic when it is unexpected, is perceived as uncontrollable or where there might be a threat to life or safety;
  12. Violence and Aggression – This refers to any type of incident where a person is threatened, abused and or assaulted in circumstances relating to their work. Violence and aggression can occur not only by other co-workers but also by clients, patients, visitors and or others in the workplace;
  13. Bullying – This is when there is repeated and unreasonable behaviour that is directed to a worker and or group of workers which creates the risk of harm to a workers psychological or physical health and safety;
  14. Harassment including Sexual Harassment – This refers to offensive remarks and behaviour that is directed towards a worker and or group of workers in relation to personal characteristics such as race, sex, age, disability, relationship status, family responsibilities, gender identity, sexual orientation or intersex status;
  15. Fatigue – This is where the feeling of being tide and drowsy at work which can affect one’s mental state and or physical state which causes one to reduce the ability to work safely and effectively. This can usually occur if someone is overworked, has not had enough sleep or disrupted their internal body clock.

All workers and employees should read the Code of Practice and commence developing workplace policies and procedures around the Code in their workplace depending on the industry type.

A copy of the new Code of Practice can be found here – Managing the risk of psychosocial hazards at work Code of Practice 2022 (worksafe.qld.gov.au) on the WorkSafe Queensland website.

Written by Nikolina Tully, Legal Practice Director & Founder of Tully Law
Published on Monday 29th May, 2023