Psychological safety enshrined in law
5 mins read

Psychological safety enshrined in law

Safety practitioners around the world are familiar with ISO 45003 (Occupational Health and Safety), but WorkSafe Western Australia has published a detailed code of practice focusing on practical steps to achieve mandatory legal compliance – and the Eversheds Sutherland team considers what lessons can be learned from the approach taken in Australia.

The introduction of the Code of Practice on Psychosocial Hazards in the Workplace in Australia (the “Code”) sets standards for the management of psychosocial risks.

Psychosocial hazards are factors related to the interaction between work, the environment and individual well-being that can lead to harm – they have gained and continue to gain significant attention worldwide with the publication in 2021 of the ISO 45003 standard, which places an emphasis on mental well-being in the context of health and safety.

Traditionally, as safety professionals, we have focused on preventing physical harm to people – whether that’s adding guards to machinery to prevent a worker’s hand from becoming trapped, providing harness training for those working at height, or conducting workplace assessments for office workers.

Of course, the priority remains the physical well-being of our employees, but if we look at the statistics, the most common causes of occupational illness are stress, depression and anxiety. Last year in the UK, around 900,000 cases were recorded (that’s half of all reported work-related illnesses).

What does this mean for organisations? With work-related ill health/non-fatal injuries costing UK employers £20.7bn a year, with 35.2m lost working days, the stark financial reality is clear, but supporting a workplace where people are at the heart is fundamental to any business that wants to achieve long-term and sustainable success.

So what can we learn from the Australian approach?

The Code is a comprehensive guide that provides practical steps for implementing risk management processes for psychosocial hazards. It identifies 20 commonly identified risk factors, such as fatigue, burnout, working in isolation, low recognition and reward, insufficient support and trauma.

While the Code provides helpful advice and suggestions, it also sets out mandatory requirements for all employers (in Western Australia) meaning that non-compliance can result in criminal penalties (up to $3 million (AUD) for corporations and up to $600,000 for individuals and/or 5 years imprisonment). It is a requirement under Australian legislation that a risk management approach is in place to manage everyone workplace hazards, which extend to psychological hazards.

Australian flagThe 4-step risk management process is similar to the Plan Do Check Act (HSG65) model that many of us are familiar with, but provides practical guidance on psychosocial risks. The requirements go beyond a simple stress risk assessment (now a mandatory requirement under UK law) to identify and understand foreseeable psychosocial risks by undertaking an in-depth analysis of the wider organisation and the specific psychological risks that each employee or task may pose.

The Code, which is intended to assist employers in managing and preventing psychosocial risks, identifies 6 key areas:

  1. Leadership and Workplace Culturevisible leadership commitment, providing practical support including access to health management providers, willingness to listen, not taking a punitive approach to issues raised, modelling desired behaviours, promoting a positive culture and positive team dynamics
  2. Behavior in the workplaceMaintaining a positive culture, visible management commitment, supportive work practices, management modelling appropriate behaviours, fair and consistent implementation of policies/procedures, regular training
  3. Good work projectdefining job roles, seeking regular feedback, providing training and resources to ensure roles are carried out safely and effectively, reviewing and monitoring workloads, communicating effectively during any changes
  4. Safe work systems ­– implementing rules, policies, procedures and work practices, which may include issues such as job rotation, rest and recovery, consideration of working hours and shift patterns
  5. Communication and consultation – encouraging communication, feedback and consultation. This can be encouraged by responding to reports, providing opportunities for feedback both formally and informally, maintaining confidentiality and reinforcing a culture of safe learning
  6. Information and trainingproviding information about the tasks and psychosocial risks associated with the task, control measures and how to report in the event of a problem

As we move through each of these management and prevention measures, we focus on workplace culture and psychological safety, a topic in which Eversheds Sutherland’s EHS team has a keen interest and has written elsewhere. Psychological safety is a key element in achieving a positive and successful workplace culture, not least because it encourages open communication and feedback, but because psychologically safe workplaces promote positive social norms within teams and recognise the individuality of employees – something that psychosocial risk management must do to be effective.

The Australian Code of Practice encourages empathetic leadership – where managers actively support the mental health of employees. It also places emphasis on continuous improvement through regular reviews and investigations. By promoting a culture of care and learning, organisations can create safer, healthier workplaces.

We recommend that safety professionals in all locations familiarise themselves with the Code to consider its application and to better understand Australia’s approach to psychosocial risks.


For more information about psychosocial risks in the workplace and the Code, please contact Paul Verrico, Sarah Valentine or Sophie Parkin.

Further reading

Managers’ Guide: Supporting Employee Well-being

Written by Heather Beach, founder of The Healthy Work Company, this guide is a resource that managers can use to support team members who may be experiencing stress or struggling with mental health issues, including warning signs, duty of care and top tips.

Wellbeing Conversations for Managers