FAQs
Who is affected by the model Work Health and Safety (WHS) regulations, and what is their role?
Under the WHS Act, a person conducting a business or undertaking (PCBU) has the primary duty of care to ensure the health and safety of the workplace.
According to the model WHS regulations, a PCBU must eliminate workplace psychosocial risks or minimise them so far as is reasonably practicable. They must also maintain, review and - if necessary - revise implemented control measures to maintain a work environment without risks to health and safety.
Comcare defines PCBU as a term that relates to an organisation or person who is more commonly known as ‘the employer’. For example, a PCBU may be a company, an association, a sole trader or a self-employed person.
How do I best manage psychosocial risks in the workplace?
There is no one size fits all solution when it comes to managing psychosocial risks in the workplace. Industry, culture, job design, and a variety of other factors that vary from workplace to workplace may lead to psychosocial hazards that require unique and tailored interventions. What works for one business, may not necessarily work for another.
Being familiar with the relevant legislation and your obligations as an employer or PCBU is essential and Safe Work Australia has a number of useful resources on managing psychosocial risks at work.
A specialised provider of psychosocial wellbeing services will work with you to understand the unique challenges of your workplace and build a tailored approach to managing and – wherever possible – eliminating psychosocial risks. Contact our team to find out how we can help.
What legislation covers psychosocial hazards?
Safe Work Australia has developed, and is responsible for maintaining, the national model WHS laws. These include the model WHS Act, model WHS regulations and model Codes of Practice. However, the Commonwealth, states and territories are separately responsible for implementation and enforcement.
As such, the legislation pertaining to psychosocial hazards varies on a state-by-state basis:
- NSW: Work Health and Safety Regulation 2017
- VIC: Occupational Health and Safety Act 2004
- QLD: Work health and Safety (Psychosocial Risks) Amendment Regulation 2022
- WA: Work Health and Safety Act 2020
- SA: Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 under Work Health and Safety Act 2012
- TAS: The Work Health and Safety Regulations 2022
- ACT: Work health and Safety Act 2011
- NT: Work Health and Safety Regulations 2011.