NOTE: As with all these cases, we are not suggesting the organisation is or isn't managing psychosocial risks effectively. We do not have access to their processes. We are sharing these to highlight that these risks are now being taken seriously by regulators to encourage organisations to take action.
ASU lodged a complaint with SafeWork SA against the Adelaide Hills Council, alleging a culture of workplace bullying and psychosocial intimidation. Last year, 49 staff members left the Council. On the back of this, SafeWork has now assigned an inspector to investigate. We unpack this case below and what regulators could look for when investigating.
What the regulator could ask Adelaide Hills Council for
King & Wood Mallesons outlines the powers WHS inspectors have in investigations. This could include:
- 'Require a person at the workplace to submit to an interview' (a person cannot refuse to participate or answer any questions)
- 'Inspect and examine anything (including a document)'
Here is a list from KWM outlining the information they typically see asked for in investigations. In this particular case, leaders at Adelaide Hills Council would likely be questioned closely about the turnover rate. If your workplace is experiencing moderate to high turnover, look into this as it might not be a retention issue, but rather a psychosocial safety issue.
One key insight from this
Regulators can interview workers. This is important because they could ask about the level of consultation around psychosocial safety. Being able to prove you were consulting workers, even if issues exist, will strengthen your case for compliance.
One key insight from a former regulator
Martyn Campbell shared that "you don't need a lot of documentation". However, below is one document that is the "type of document a Regulator would want to see". This is a team based psychosocial risk assessment done in consultation with workers.
Interested in producing this document at your workplace?
Simply fill out this form and we will work to arrange a meeting between your team and Martyn to discuss how this can be done.
As always, thank you for reading. We hope it was insightful!
