How HR can keep up with psychosocial hazards
Since work health and safety laws introduced the requirement to manage psychosocial hazards last year, the relationship between HR processes and psychosocial hazards faces increasing scrutiny.
A noticeable pattern in recent cases shows that HR processes are either breaking down or failing to identify these psychosocial risks before they escalate. Many factors can contribute to a work environment where psychosocial hazards are more likely to arise, including:
- Poor leadership, which fails to promote transparency, support, and fairness at the executive level.
- A lack of co-worker support leading to feelings of isolation and stress.
- Poor organisational justice – where employees perceive unfairness in how decisions are made or disputes are handled, fostering resentment and disengagement.
To proactively mitigate these risks, employers should:
- Upskill HR teams in the face of modern challenges such as remote work and shifting mental health expectations as well as areas like conflict resolution and risk management.
- Put clear, well-defined processes in place to deal with psychosocial risks e.g., a designated mental health resource, access to employee assistance, or training for managers on identifying signs of stress.
- Review the relevant codes of practice for your state or territory.
- Build a risk register that outlines potential psychosocial hazards and asses these risks regularly.
- Remember that a flexible, evolving approach is key, and businesses should expect to refine and improve their processes over time.
Push to restrict use of NDAs in cases of workplace sexual harassment
Non-Disclosure Agreements (NDAs) are in the spotlight again after sexual harassment class action lawsuits were launched against mining giants BHP and Rio Tinto last week.
The law firm leading the actions allege that NDAs have been used routinely in the mining industry to prevent women from speaking up about sexual harassment. BHP and Rio Tinto have stated that they no longer use NDAs when dealing with sexual harassment and will not enforce past confidentiality terms.
The Victorian Legal Services Board recently warned practitioners that confidentiality clauses in sexual harassment settlements could raise ethical issues. Secrecy around sexual harassment claims may negatively impact victim-survivors whilst enabling perpetrators to remain in the workplace and continue targeting others. It also enables companies to ignore the culture, systems and processes at work that create the conditions for poor behaviour to flourish.
The Victorian Government is currently considering legislation to limit the use of NDAs in sexual harassment cases. Approximately 90% of submissions to the Victorian government led consultation have recommended restricting the use of NDAs in these cases, with the majority supporting an outright ban. The Victorian Government is expected to release its policy position soon, with legislation expected to be introduced next year.
NRLW players experience twice as much abuse as NRL players
A survey from the Rugby League Players Association (RLPA) has shown that National Women’s Rugby League (NRLW) players receive twice as much online abuse as their male counterparts, and two in three do not report incidents.
This is backed by research on harm experienced by female athletes in Australia, showing that 81% had experienced personal insults and 39% had experienced sexual harassment online.
The survey found that NRLW players had a less favourable experience of the workplace than men in the NRL, rating their clubs a ‘D’ mark for culture via a scaling system from A to F, as well as C for both psychological and cultural safety. Women gave their coaches, medical staff and CEO an average score of C, whilst men gave these staff an average rating of B.
The RPLA has said that they will engage with leaders at each club to review the results and explore strategies for enhancing support. The survey said that shifting attitudes around reporting is essential to fostering a psychologically safe environment where players are encouraged to prioritise their health and wellbeing.
Racism on the rise in Australian universities
The Australian Human Rights Commission has released its interim report on the ‘Respect at Uni’ Project, highlighting the pervasive racism experienced by both students and staff at Australian Universities. The findings reveal:
- First nations staff report enduring structural and interpersonal racism.
- Palestinian, Arab and Muslim staff described hostility, threats and discriminatory practices including restrictions on cultural expression and prayer spaces.
- Jewish staff cited a rise in antisemitism since October 2023.
- African staff encountered severe racism and Asian staff reported high levels of stereotyping.
The project’s next phase begins in January 2025 with a final report and recommendations for reform to be delivered to the Australian Government in June 2025.
NSW launches initiative to improve psychological safety on construction sites
SafeWork NSW has launched a new initiative aimed at improving psychological health and safety in the construction industry. The industry has seen a recent rise in mental health issues, with almost 900 major workers’ compensation claims related to mental stress filed in the sector between 2019 and 2024. Harassment and bullying were the most common causes in these claims.
Failing to address psychosocial safety may result in compliance action from SafeWork. Psychosocial hazards are becoming more prevalent, with the cost and time off work associated with these claims typically three times higher than those related to physical injuries. To foster a psychologically safe workplace, employers can:
- Identify the things that could cause harm and consider the potential risks.
- Consult with their workers.
- Implement control measures to eliminate and minimise risks.
- Monitor worker safety to ensure control measures are working.
- Review the controls regularly.
Allegations of bullying and inappropriate behaviour in NT school
Half a dozen former staff at the remote Alpurrurulam community school on the Northern Territory-Queensland border allege that an assistant teacher bullied them over a five-year period. The assistant teacher was described as ‘intimidating and scary’ and allegedly strung up 20 kangaroo carcasses to rot on a fence line he shared with a fellow teacher.
Former staff recount his use of inappropriate and threatening language, with one teacher lodging a complaint with the NT Education Department in 2023 after the assistant teacher allegedly exposed his genitals to her. The teacher went on stress leave and was subsequently diagnosed with PTSD, but no charges were laid.
A spokesperson for the NT Education Department said workplace issues have been raised and dealt with in accordance with HR processes. The department conceded that the rate of staff turnover is higher at Alpurrurulam than most remote schools and the education minister has been made aware of the ongoing situation. In 2023, a private investigator was called in by the Education Department to examine the staffing disputes, although the contents of the resulting report have not been released.
EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses. If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au