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SafeWork NSW is now operating as an independent statutory authority and has received a $128 million funding injection to expand its regulatory workforce and capabilities. It includes 25 dedicated roles for psychosocial, which will have major implications for how psychosocial risks are investigated and enforced in NSW.
In this newsletter:
- Key changes
- What it means for employers managing psychosocial risk
- A short compliance checklist to check your psychosocial maturity and blind spots
- Access to our full checklist for those who want more detail
Key changes:
- SafeWork NSW will no longer sit under the Department of Customer Service. As an independent regulator, it will have greater freedom to enforce laws and launch proactive investigations.
- The NSW Government has committed $128 million over four years to expand SafeWork’s inspection and compliance capabilities.
- This includes recruiting 50 new inspectors, with 25 of them focused specifically on psychosocial risk.
- This is in addition to the Minns Government’s $344 million investment in preventing psychological injuries at work.
- The shift follows criticism of delayed investigations and poor enforcement outcomes in serious workplace incidents.
"Every worker has the right to go home safely at the end of the day. By creating SafeWork NSW as a standalone agency, the NSW Government is strengthening our ability to enforce WHS laws, support businesses to meet their obligations and drive cultural change to prevent workplace harm." ~ Sophie Cotsis, the NSW Minister for Work Health and Safety.
What this means for employers:
- More investigations including those in sectors that may be less familiar with regulatory inspections
- Higher expectations to evidence risk assessments and controls
- Increased focus on consultation and leadership accountability
- Less tolerance for informal or 'tick and flick' approaches to mental health
Quick check of your psychosocial processes
To help employers respond to this shift, here’s a short checklist. If any of the below are a “no” or “not sure,” it’s worth addressing now:
1. Have leaders been briefed on their duties?
- Leaders are responsible for ensuring the process is followed. This links to WHS due diligence.
2. Have you conducted a psychosocial risk assessment in the last 12 months?
- Start with identifying and assessing the risks. A brief awareness session beforehand can help staff understand the process and contribute more meaningfully.
3. Have staff been meaningfully consulted and can you prove it? Would your staff say the same if they were interviewed?
- Consultation is required by law and improves the quality of the assessment and controls.
4. Are controls in place and communicated clearly?
- Controls should directly target the hazards you’ve identified, for example, if workload is a risk, controls might include a cap on back-to-back meetings. Make sure these are not just written down, but actually understood and used by staff.
5. Has training been conducted and documented?
- Once controls are in place, staff (especially managers) need to know how to apply them. Training can assist here.
6. Have you updated your WHS policies to include how psychosocial risk is managed?
- It can be helpful to do this after the above steps, once you’ve assessed the risks, consulted staff, and clarified your controls. This way, your policy reflects what’s actually feasible and being implemented, rather than overpromising or setting unrealistic expectations.
7. Is there a plan in place to monitor and review the effectiveness of controls?
- The final step in risk management is to regularly review. Typically every 12 months, or sooner if there are major changes, incidents, or new information. This helps ensure your controls remain effective and relevant.
For those wanting a PDF checklist, we’ve prepared a detailed compliance checklist that includes a statement from SafeWork about inspection processes and breaks down each area into specific actions that align to WHS expectations.
Fill out this form HERE to receive the full checklist.
We hope you found this useful and as always, thank you for reading.