Psychological Safety Legislation

Psychosocial safety is the most  important safety focus in Australian workplaces at the moment. Not only because of the high injury rates, legislative frameworks reinforcing the need for organisations to protect workers from psychological harm are in place and enforceable.

Providing a mentally safe workplace has always made sense, both from a safety and productivity perspective. Here are some recent statistics from SafeWork Australia:

• Mental health conditions has had a 36.9% increase since 2017-18.
• The median time lost was more than 4 times greater than that of all physical injuries and illnesses (2020-21).
• The median compensation paid for mental health conditions was more than 3 times greater than that of all physical injuries and illnesses.

 Add the legal obligations, it’s now getting the attention it deserves.

Australian Psychosocial Legislation

Australian psychosocial legislation emphasises the integration of psychological safety principles into workplace practices, making a mentally healthy work environment a  legal obligations of all employers

The Australian Work Health and Safety (WHS) laws now include explicit requirements for managing psychosocial risks, which directly relate to the concept of psychological safety. Psychological safety, a term coined by Amy Edmondson, refers to a workplace environment where individuals feel safe to express their opinions, make mistakes, and take risks without fear of retribution.

The alignment between these principles and the obligations under Australian psychosocial legislation is crucial for organisations aiming to meet their minimum compliance goals of psychologically healthy workplaces.

Key Elements of the Legislation

1. WHS Regulations: In Australia, WHS regulations have been updated to include psychosocial risks, obligating employers to identify and manage hazards that may impact mental health. This includes addressing issues like workplace bullying, harassment, and excessive workloads—factors that can undermine psychological safety.
2. Psychosocial Risk Management: The legislation requires a systematic approach to managing psychosocial risks. This involves assessing the work environment, consulting with workers, implementing controls, and monitoring the effectiveness of interventions. These steps align with the practices needed to build psychological safety, such as creating open communication channels and promoting supportive leadership.
3. Duty of Care: Australian employers have a legal duty of care to provide a safe workplace, which includes managing psychosocial risks. Failure to do so can result in penalties and legal action. Psychological safety is a crucial part of this duty, as it directly impacts workers’ mental well-being and overall job satisfaction.
4. Cultural and Leadership Expectations: The legislation encourages the cultivation of a culture where psychological safety is prioritised. Organizations are expected to have leaders who are trained to recognize and mitigate psychosocial hazards while promoting an environment of trust, inclusiveness, and respect. This leadership approach is essential for psychological safety accreditation.

The role of Accreditation in Compliance

What does psychological safety compliance with Australian psychosocial legislation look like? We know it is a critical component, and an important step is a system with credibility and consistency. This is usually obtained through a form of accreditation that is mapped to legislation and competencies. 

For companies looking to obtain an accredited system, the process usually involves:

• Demonstrating adherence to WHS requirements, particularly those related to psychosocial risk management.
• Leadership assessments to evaluate the commitment of senior management to fostering psychological safety.
• Training programs that educate employees on psychosocial risks and how to maintain a psychologically safe environment.
• Ongoing monitoring and improvement of psychosocial conditions within the workplace, including regular employee surveys and feedback mechanisms.

Conclusion

The integration of psychological safety principles into Australian psychosocial legislation underscores the critical link between legal compliance and workplace well-being. As organisations work to meet their legal obligations, they inherently promote psychological safety, leading to a healthier, more engaged, and productive workforce.

By aligning workplace practices with these legal requirements, organisations create an environment where employees feel secure in expressing ideas, raising concerns, and contributing to team discussions without fear. This is not utopian but the result of a systematic risk-based approach to psychosocial hazards.

Obviously, having an accredited process for psychological safety in this context, validates helps to deliver on a companies duty of care in committing to fostering a supportive, mentally healthy workplace environment.