Legislation

Submitted by therese.thomas… on Thu, 09/07/2023 - 12:23

Psychological hazards

Psychological hazards are any hazards that are due to the design, organisation or management of work, the economic contexts of work and the social contexts of work included workplace behaviours. Psychological hazards can be one off incident or repeated and ongoing, sometimes lasting months.

  • Psychological hazards can result in physical and psychological harm to employees and employers. Psychological hazards include:The demands of the job
  • Low job control
  • Poor support
  • Lack of clarity around individual roles in the workplace
  • Poor organisation
  • Change in management
  • Inadequate recognition or reward
  • Traumatic events
  • Remote or isolated work
  • Poor physical environment
  • Violence
  • Aggression
  • Bullying
  • harassment including sexual harassment
  • Poor workplace relationships
  • Conflict
Sub Topics

People who have a duty of care or who are responsible for psychosocial hazards include:

  • PBCU
  • Officers of the PBCU
  • Workers
  • Other persons

PBCU

According to Safe Work Australia the PBCU is “a person conducting a business or undertaking.” The PCBU has the primary duty of care to ensure that all workers, paid or unpaid, as well as visitors are safe in the workplace.

The PBCU is required to manage risks by either minimising or eliminating the hazard.

Officers of the PBCU

Officers of the PBCU are those who are in leadership positions within the business and play a significant role in the decision-making process for the business and/or workplace.

Workers

The workers are any persons who are conducting work in the workplace environment. These persons can either be paid employees or volunteers

Other persons

Other persons refer to anyone who is visiting the workplace or workplace environment and may be impacted by the work being performed or hazards within the environment.

Safe Work Australia National Guidance Material provides a systematic and practical approach to managing psychological hazards in the workplace. The guide’s aim is to provide employers with the information they need to meet their obligations under work health and safety laws as well as workers’ compensation laws within Australia.

The guide outlines several elements to ensure the psychosocial health and safety of workers and visitors within the workplace environment. These elements are:

  1. The prevention of harm to workers and visitors by identifying and assessing work related hazards and risks. This should be done by implementing effective control measures to either minimise or eliminate the hazard.
  2. Early intervention with support and assistance for individuals who may be more at risk of sustaining a work-related psychological injury.
  3. Providing those effected by psychological injuries with access to treatment and rehabilitation services as well as facilitating their return to duties or work. Any remaining work-related psychological hazards are addressed, and control measures are reviewed for effectiveness.

State & Territory WH&S laws

Psychological hazards fall under Work, Health, and Safety laws. These laws may differ depending on the state or territory that you work in.

NSW - Work Health and safety Act 2011 (NSW) (WHS Act)
VIC - Occupational Health and Safety Act 2004
WA - Work Health and Safety Act 2020
SA - Work Health and Safety Act 2012 (SA) (the WHS Act)
Work Health and Safety Regulations 2012 (SA) (the WHS Regulations)
QLD - Work Health and Safety Act 2011 (QLD)
NT - Work Health and Safety (National Uniform Legislation) Act 2011
Work Health and Safety (National Uniform Legislation) Regulations 2011
TAS - Work Health and Safety Act 2012 (TAS)
ACT- Work Health and Safety Act 2011

The Fair Work Act and the Fair Work Regulations govern the relationship between employee and employer in Australia. These pieces of legislation:

  • Provide a safety net of minimum entitlements
  • Enable flexible working arrangements
  • Provide fairness and prevent discrimination against employees in the workplace

So, as an employee, what are your rights according to the Fair Work Act?

Here are a list of some of your entitlements as a full time employee. To get a full list of entitlements for full time, part time and casual employees, check out the Fair work Act and the Fair Work regulations.

  1. Work regular hours (38 hours per week)
  2. To be paid the hours worked at or above the minimum award rate
  3. Paid leave, including annual leave and sick/carers leave
  4. Payment of overtime hours
  5. Rest and meal break according to your award

You can also find more specific information in the award relevant to your role and workforce. For employees in the animal care industry, the Animal Care and Veterinary Services award is the relevant award where this information can be found.

Have a look through Animal Care and Veterinary Services award and work out what rate of pay you are entitled to if: 

  1. A Full-time employee working 38 hours a week at a level 4 Nursing
  2. A casual level 3 nurse working 10 hours on a Sunday. 
  3. A casual level 2 receptionist working 30 hours between Monday to Friday. 
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