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Consulting your workers about psychosocial hazards and risks

About this fact sheet

SafeWork NSW has general guidance for small businesses on why, when and how to consult your workers in our Easy to Do WHS Toolkit.

This fact sheet gives extra information specifically to help you consult workers about psychosocial hazards. Use this guide together with the Code of practice: Managing psychosocial hazards at work.

Consultation

An employer and/or person conducting a business or undertaking (PCBU) must consult with workers when they are likely to be or are directly affected by a situation involving their health and safety.

It is more than talking with your workers. It is a two-way process where workers can have a voice to inform your decisions on how to make your workplace healthier and safer.

You may already be consulting workers about psychosocial hazards, for example via one-on-one conversations. This fact sheet should help you do it more systematically.

Remember:

  • Consultation is a legal requirement under the Work Health and Safety Act 2011.
  • Workers know best what is impacting their mental health at work because they are doing the work. They can help you find practical solutions for working safely.
  • If you don’t consult, you won’t know!

Common challenges and what you can do

There are some common challenges organisations face when they want to consult workers about psychosocial hazards. Before you begin consulting, read through the list below and apply any tips that could help you.

Challenge What you can do
You and/or your workers don’t know what psychosocial hazards are

Read about common psychosocial hazards in the Code of Practice: Managing Psychosocial Hazards at Work.

Read Appendix A of the Code for examples of how psychosocial hazards may occur in workplaces.

Research how each hazard may occur in your industry, so you have a better understanding of what to look for in your workplace.

Share this information with your workers when you begin consulting.

You don’t know where to start, or what to focus on in consultations

Review information you already have and use it to guide your consultation.

Information you probably have includes leave/turnover patterns, grievances and incident data. See the Code of Practice: Managing Psychosocial Hazards at Work for a full list of relevant information and records you could review.

This information may help you find sources of workplace stress. This can help you choose what to focus on in your consultations.

If you’re not sure what to look for in your existing information, try and find answers to these questions:

  • What psychosocial hazards and risks do certain tasks expose workers and the team to?
  • What are we currently doing to ensure workers’ health and safety?
  • How did we identify work health and safety issues in the past? Who was consulted and how? How could we do it better?
  • What control measures have we tried that did not work well? Why didn’t they work?
  • How successful have we been at preventing psychological incidents and injuries?
  • What psychological incidents and injuries have already occurred?
  • What is the impact of psychosocial hazards and risks on our organisation’s performance? For example, poorer quality service delivery because staff are stressed and making mistakes, or higher recruitment and training costs because staff are leaving.

If you don’t know the answers to all these questions, you may want to use your consultation process to find out what workers think.

Workers don’t feel safe to tell management about issues affecting their mental health at work

Create an environment where workers can participate in consultations and feel safe to do so. This is called psychological safety.

Ways you can do this include:

  • Encourage workers to speak up about work health and safety issues, and model speaking up yourself
  • Tell workers you value their input, even if they tell you some things are not going well
  • Focus on finding out what did or did not prevent harm, rather than who is to blame
  • Treat honest mistakes as an opportunity to learn and improve.
Do not laugh at, punish, or blame workers for raising psychological health and safety concerns or for their ideas on how things could be done differently.
Workers are worried about their private or sensitive information being shared with others

Set up ways for workers to raise issues that may be sensitive. These could include:

  • Talking one-on-one with their manager or another senior colleague
  • Reporting their concerns to a health and safety representative
  • Anonymous surveys or suggestion boxes.

The workers involved should  provide consent before you share their information. Ask the worker/s involved how they would be comfortable with you addressing their concerns and document their response.

Decide how you will keep the information you gather private and secure. Tell your workers about these ways and measures.

Remember: It is important that you consider and comply with any relevant laws concerning the handling of private, sensitive, and/or confidential information.

You don’t know how to talk with workers about matters that may be leading to stress and psychological harm

Choose a format: The way you consult workers should meet your organisation’s needs and your workers’ reasonable needs and expectations. It could be formally or informally, as a team or individually – whatever you think works best for everyone. You can use many of the same methods and approaches you use to ask workers about risks to their physical health and safety. For example, make psychological health and safety a standing item at team meetings, a regular part of toolbox talks, and part of performance reviews.

Connect to support: Before you begin consultations, find out how to connect workers to support if they need it. Support services could include your workplace’s Employee Assistance Program (EAP), a mental health support line, their doctor or someone else they trust. Share this information with all workers at the start of consultations.

Having conversations with distressed staff can be tiring and stressful. Find out what support services are available to you and use them if you need to.

Start the conversation:

  • Start by telling workers how you will protect everyone’s privacy, so they feel safe to share sensitive information.
  • If your organisation has made promises in the past and not kept them, acknowledge this. Say you are here now and listening and will do your best to let the management team know about the workplace issues that are leading to stress.
  • Ask open-ended questions. For example, ‘What more could the business do to support you?’
  • Give team members enough time to think about and respond to questions.
  • Listen carefully to what workers say, even if you think it might be wrong. It is important you understand what workers perceive is happening for them.
  • Stay polite and respectful, and gently remind people you expect the same in return.
  • If the conversation gets heated, ask them if they need time to take a break. If you need to, make another time to continue the conversation.

Remember, the important thing is to start ongoing consultation and planning on how you will manage psychosocial hazards.

Refer to the conversation guide at the end of this fact sheet for tips on how to discuss specific hazards.

Consultations become too wide-ranging Tell workers at the beginning what is (and is not) up for discussion, and how long the process will take.
You focus on workers who are struggling with their mental health at work You need to consult all affected team members about psychosocial hazards and risks, so far as is reasonably practicable, to make work healthier and safer for everyone.
For advice on how to help a worker who is struggling with mental health, go to Get and give support now.
Workers feel their input goes nowhere Give timely feedback to everyone who has offered their view on an issue. Tell them what action you are taking to address the issues they have raised, and the reasons for your decisions. This will show you value their input and encourage them to be on board with next steps.

Attachment 1

Consultation Checklist

Here is what a SafeWork NSW Inspector may look for, to see if you are meeting your duty to consult workers.

Attachment 2

Conversation guide with workers about psychosocial hazards

This guide provides specific examples of how to have a conversation with workers about psychosocial hazards.


Disclaimer

This publication may contain information about the regulation and enforcement of work health and safety in NSW. It may include some of your obligations under some of the legislation that SafeWork NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate legislation. Information on the latest laws can be viewed on the NSW legislation website. This publication does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation.

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