Pyschosocial Hazard Requirements

Understanding Positive Duty and Psychosocial Risk Management

 

Recent amendments to the Sex Discrimination Act 1984 introduced a Positive Duty on employers to take proactive and meaningful steps to eliminate unlawful conduct in the workplace—including sexual harassment, sex-based discrimination, and hostile work environments.

 

What’s often overlooked is that these behaviours are also recognised as psychosocial hazards under national and state-based Work Health and Safety (WHS) laws. This means employers now have dual obligations:

• Under WHS legislation, to identify and manage psychosocial risks that may harm workers’ mental health
• Under Positive Duty, to prevent unlawful conduct before it occurs—not just respond after the fact

 

 

Together, these frameworks require businesses to adopt a risk management approach to workplace culture—one that includes:

• Assessing emotional and psychological risks
• Consulting with workers about wellbeing needs
• Embedding policies, training, and support systems
• Monitoring and reviewing the effectiveness of controls

 

By addressing psychosocial hazards such as bullying, harassment, excessive workload, and lack of support, organisations not only meet their legal obligations—they create safer, more inclusive, and more productive workplaces.

 

 

 

Key Aspects of the New Legislative Requirements

 

1. Proactive Management of Psychosocial Risks
   • Employers must identify and address workplace stressors such as bullying, harassment, excessive workloads, and exposure to traumatic events.
   • Businesses must implement strategies to prevent psychological harm rather than just responding to incidents.

 

2. Legally Enforceable Code of Practice
   • Queensland has introduced the Managing the Risk of Psychosocial Hazards at Work Code of Practice, which provides guidance on creating mentally healthy workplaces.
   • This code is legally enforceable, meaning businesses must comply or face penalties.
   • Each State & Territory have their own Psychosocial hazard safety requirements and it is expected they will all move towards Queensland's enhanced requirements in the near future.

 

3. Workplace Culture and Leadership Responsibilities
   • Employers must foster a supportive work environment that prioritizes mental health.
   • Leaders and managers are expected to be trained in recognizing and addressing psychosocial risks.

 

4. Employee Wellbeing Initiatives
   • Organizations are encouraged to provide mental health support, such as Employee Assistance Programs (EAPs) and workplace counselling.
   • Work design, job demands, and workplace relationships must be assessed and improved to reduce stress.