A labour hire provider in NSW was recently ordered to pay a fine of $82,500 after one of its workers sustained injuries at a client's worksite. This article contains a summary of the case, including a summary of the duties owed by employers to their workers under the WHS Act. The case highlights the need for employers to work closely with workers, clients and other duty holders under the WHS Act to eliminate or respond to workplace risks. 

In July 2022, Safe Work Australia released a new Code of Practice concerning the management of psychosocial hazards at work. This document is very similar to a Code released by SafeWork NSW in May 2021. These Codes require employers to take active steps to manage psychosocial hazards in the workplace.

Holman Webb expects that these Codes may well cause significant tension within the workplace, as they not only consider equipment and processes for doing work, they also relate to the way that staff and managers interact, and how abstract concepts such as workload and communications are managed in a way that protects workers.

The Codes are not only important for guiding employers on practices relating to the maintenance of safe workplaces – it is likely that these two Codes will form the framework through which psychological injury claims will be made and judged.  As such, it is necessary for employers to have a strong understanding of these Codes.

Part II in this series will answer:

• Managing Psychosocial Hazards
• Responding to reports and incidents
• Safe Return to Work