Addressing Psychosocial Hazards at Work: New Incident Notification Reforms

On the afternoon of Friday, August 1, 2024, Safe Work Australia (SWA) announced important changes to the incident notification obligations in Australia’s Model Work Health and Safety laws. These changes are particularly relevant to the issues of psychological harm in workplaces and work-related suicides. I asked SWA for some clarifications on the changes and the promised guidance.

Below are the questions that I submitted to Safe Work Australia and CEO Marie Boland‘s responses.

Warning: this article discusses suicide

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Do what you know is the right thing to do

Currently, Australia has an increase in hospitalisations of people with the latest COVID-19 variants and influenza. The Victorian Government, in particular, is resisting implementing a mandatory requirement for masks even though this Winter had been flagged as a season of high risk for transmissible infections, and such control measures were shown to be effective in previous years.

Regardless of the politics in the Victorian Government’s decision, and there is a lot of politics there with an election in November, what should employers do to reduce the risks of workers catching or transmitting the virus, and so maintain continuous operation and production?

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What’s not worked on workplace mental health

We need to seek alternative perspectives to better understand ourselves and our place in the world. In 2020,Takenori Mishiba wrote about comparative perspectives of workplace mental health laws. The book has been published in a more affordable paperback edition very recently. The attraction of this book is that Australia was not part of Mishiba’s research.

On the first page, Mishiba states that:

“…there is currently no precise legal definition of mental health.”

This alone should generate great concern in the occupational health and safety (OHS) discipline.

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Over-emphasising the COVID pandemic

Everyone has struggled through the COVID-19 pandemic. Many have died. We have to continue to make many allowances for businesses and people due to the disruption, but some are using the pandemic as an excuse for not doing something. Occupational health and safety (OHS) inactivity is being blamed on COVID-19 in some instances, masking or skewing people’s approach to workplace health and safety more generally.

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We need a revolution in how we think about working hours

If there was only one way available to improve the health and safety of workers in Australia, it would be to limit and enforce working hours to those in the official Awards and job descriptions.

This situation which would really be simply a case of working-to-rule, would need to be supported by other not unreasonable changes, in no particular order:

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A good job is also a safe job

At the moment, “The Great Resignation” remains a United States phenomenon, but part of that movement involves a reassessment of one’s job. Is it a good job? Is it meaningful work? Is it a good job now but likely not in the future? I would include my occupational health and safety perspective (OHS) and ask if it is a safe job, but I accept that my perspective is far from universal.

Recently Sarah O’Connor wrote in the Financial Times about the importance of having a decent boss. She wrote that

“Economists are increasingly of the opinion that the quality of jobs matter as much as their quantity”

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Presenteeism in the new world of work

Presenteeism has largely been analysed through the principles and managed through the actions of the Human Resources profession. The COVID19 pandemic has changed the presenteeism conversation. There seems to be more enforcement of occupational health and safety (OHS) obligations on employees to not present a hazard to their work colleagues and customers and, therefore, to remain home.

On May 5 2021, in Darwin, the Australian Labor Party’s Shadow Minister for Industrial Relations, Tony Burke, spoke about presenteeism at a Transport Workers Union meeting. He said that the COVID19 pandemic showed that “a third of the workforce in Australia didn’t have sick leave” and:

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