By Claire Mansell - 7 Mar 2016
The new Health and Safety at Work Act comes into force on
4 April 2016. Under the new Act there is a greater focus on
employers proactively identifying and managing risks.
Some risks are easy to identify, such as proper use of heavy
machinery, but other intangible risks are often overlooked such as
stress, bullying and harassment. These types of risks are insidious
and can have lasting effects on employees. However, many employers
are ill-equipped to deal with these risks or simply don't think of
them when undertaking a risk assessment of their workplace. The
consequences of failing to deal with these risks can be
considerable - in 2010 an employee who had suffered from
post-traumatic stress disorder as a result of an unsafe workplace
was awarded just under $250,000 for lost wages, medical costs and
damages.
Having a comprehensive policy on stress, bullying and harassment
is a good start, but it won't be enough to satisfy an employer's
obligations under the new Act. The old Health and Safety in
Employment Act was criticised for creating a culture where health
and safety was seen as a "box-checking" exercise. Policies were
created and put in a drawer and promptly forgotten about.
Section 36 of the new Act requires employers to provide "any
information, training, instruction, or supervision that is
necessary to protect all persons from risks to their health and
safety arising from work carried out as part of the conduct of the
business or undertaking".
So, in addition to having a comprehensive policy on stress,
bullying and harassment, employers need to ensure that they are
providing information and training to employees about these risks.
This can be done through ongoing training sessions, including
training about these risks as part of a new employees' induction
and educating managers about how to identify and manage these
risks. The new Act also emphasises worker participation. It may be
beneficial to consult with employees or have them assist when
developing the processes and policies.
Claire is an experienced employment lawyer with a special
interest in helping employers deal with bullying and sexual
harassment. Contact Claire Mansell if you
would like assistance with your HR policies and their
implementation and training.
Contacts
Claire
Mansell