This article applies to organisations in South Australia.

The Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 (SA)

The Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 (SA) (the Amending Regulations) commenced on 25 December 2023 and amended the Work Health and Safety Regulations 2012 (SA) (the Regulations) by introducing requirements on persons conducting a business or undertaking (PCBU) in respect of psychosocial risks.

Psychosocial risks

The Amending Regulations introduced new Division 11 of Chapter 3 of Part 2 of the Regulations. In particular, this new Division includes provision 55C requires a PCBU to manage psychosocial risks in accordance with existing Chapter 3 Part 1 of the Regulations.

Among other things, Chapter 3 Part 1 of the Regulations sets out an organisation’s duty to identify hazards, manage risks to health and safety and how control measures must be implemented, maintained and reviewed.

Organisations required to implement control measures to manage psychosocial risks must have regard to all the relevant matters set out under new regulation 55D in determining which control measures to implement. The relevant matters are as follows:

• the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards;
• how the psychosocial hazards may interact or combine;
• the design of work, including job demands and tasks;
• the systems of work, including how work is managed, organised and supported;
• the design and layout, and environmental conditions, of the workplace, including the provision of:
  • a safe means of entering and exiting the workplace; and
  • facilities for the welfare of workers;
• the design and layout, and environmental conditions, of workers’ accommodation;
• the plant, substances and structures at the workplace;
• workplace interactions or behaviours; and
• the information, training, instruction and supervision provided to workers.

A control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.

A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.

A psychosocial hazard is a hazard that:

• arises from, or relates to:
  • the design or management of work; or
  • a work environment; or
  • plant at a workplace; or
  • workplace interactions or behaviours; and
• may cause psychological harm (whether or not it may also cause physical harm).

SafeWork SA has released guidance on the changes made by the Amending Regulation, including a psychological health safety checklist designed to help PCBUs meet their obligations.

Conclusion

Organisations need to review their existing duties in Chapter 3 Part 1 of the Regulations in light of the new requirements to manage psychosocial risks (detailed throughout). If organisations implement control measures to manage psychosocial risks, they must first review the relevant matters set out under new regulation 55D.