Conducting WHS investigations into psychosocial hazards

26 September 2024

WorkSafe ACT has observed a trend where workplaces are not conducting WHS investigations concurrently with disciplinary investigations when addressing psychosocial hazards.

Harmful behaviours like bullying and harassment can sometimes stem from workers being exposed to other hazards, such as high job demands or insufficient support. If these behaviours breach employment codes of conduct or professional standards, a disciplinary investigation may be required.

However, an additional WHS investigation should be conducted to identify and manage any underlying psychosocial hazards. Even if no breach of conduct is proven, there may still be psychosocial hazards that need to be managed.

CONDUCTING PSYCHOSOCIAL INVESTIGATIONS

WHS investigations should be proportionate to the risk involved. For example, standing down a worker and removing them from the workplace in situations with low-indicated risk may be a disproportionate response.

WHS investigations into incidents involving psychosocial risks should focus on identifying hazards and improving control measures.

Investigations must maintain appropriate privacy and confidentiality of all workers involved to the extent permitted by law.

When determining the scope of an investigation and subsequent actions, consider:

  • The level of risk involved.
  • The complexity of the situation.
  • The number of workers affected.

STEPS TO CONSIDER

Selecting an investigator

The investigator should be impartial and have the skills and knowledge to identify psychosocial hazards, assess the risks and recommend appropriate controls. An external investigator may be required in some circumstances.

Balancing fairness and transparency

The investigation should be fair, transparent, and timely. All involved and affected workers should be:

  • informed of their rights and obligations during the process.
  • provided with the opportunity to respond to any allegations made against them.
  • provided with a copy of relevant policies and procedures.
  • kept informed about possible outcomes, timeframes, rights of appeals and reviews, and
  • provided with adequate and fair support.

Further information 

For key guidance and specific materials visit:

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