Legal Responsibilities and Duty of Care

 
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Workplace Health and Safety (WHS) legislation, clearly outlines our legal responsibilities to ensure the health and safety of all employees. Importantly, this includes a duty to eliminate or manage risks to both physical and psychological health.

Recognition of the importance of wellness and psychological health and safety has increased markedly in recent years, as evidenced by the Downey-Swinburne Report and the spotlight on mental health that resulted from the COVID-19 pandemic. The creation of Victorian Workplace Manslaughter laws in 2020 that extend to cover negligent practices and policies in relation to psychological injury also reflects this recognition. Understanding what this looks like and what to do about it remains a complex issue. 

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The 2020 inquiry into mental health stated that:

“Although psychological health and safety in the workplace is now attracting increased attention (along with mental ill-health more generally in the community) it does not receive the same focus in a workplace as physical health and safety”.

A great example of this is in the universal use of first aid officers to address physical risks in workplaces but the rare nomination of an equivalent mental health first aid officer for mental health. Nominating a Wellness or Mental Health Safety Officer will demonstrate to your workforce that you are prioritising workplace wellness and the prevention of psychological hazards. (1)

Psychological health and safety needs to be treated with the same importance as physical health and safety to improve workplace mental health
— 2020 Mental Health Commission - Page 302
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Ways that you can demonstrate your duty of care for employee wellness and a positive work environment are:

 
  • Ensuring you fully understand your obligations in Australian WHS legislation and implement thoroughly

  • Considering these responsibilities a moral obligation to improving and maintaining employee wellness rather than a legal obligation

  • Taking a preventative approach to mental health and wellness issues rather than simply addressing the issues after the fact.

 
 
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Call To Action

The starting point to successfully take a preventative approach is to define what mental health and wellness looks like your organisation.

 

Taking it Further


 

In construction, there is a call to set new standards for employee wellness at bid level. This will require support and collaboration across the industry.

  • Regardless of industry however, firm action is important. You can create your own change by:

  • Being aware of where you currently are in the organisation

  • Planning the steps needed to address things at a preventative level

  • Sharing what you do,

  • Staying up to date and supporting new initiatives.


 Where to Now?


Sources

  1. The Australian Productivity Commission, 2020, Mental Health, Canberra, Report no.95, https://www.pc.gov.au/inquiries/completed/mental-health/report.