Mental health

Work-related mental health

Mental (psychological) health, just like physical health, is an important part of work health and safety (WHS). Understanding and managing risks in the workplace that may lead to physical or psychological injury creates a safe, healthy and productive workplace.

Work-related psychological injury is expensive - it’s estimated that poor psychological health and safety costs Australian organisations $6 billion a year in lost productivity.

Occasionally, a seemingly minor incident can have long term impacts on worker’s psychological and physical health. This can be due to a build-up of negative experiences or other factors which are not immediately clear. These reactions may include:

  • physical signs – like headaches, insomnia, indigestion, high blood pressure, alopecia, loss of appetite
  • emotional factors – such as irritability, lack of concentration, anxiety, depression, loss of confidence, low morale
  • behavioural signs – such as poor work performance, accidents, poor relationships at home and work, dependence on tobacco, drugs and alcohol.

Information about psychosocial hazards that can negatively impact on a worker can be found on the Psychosocial Hazards page.

Use this online form if you have a concern or complaint to make about a mental health issue at your workplace.

Managing work-related psychosocial hazards

WorkSafe ACT has launched their first Strategy for Managing Work-Related Psychosocial Hazards 2021-23, along with plans to manage work-related violence and aggression, and sexual harassment.

What work health and safety laws apply?

Employers and PCBUs have a legal responsibility to protect their workers by managing hazards and risks in the workplace.

Identifying the hazards that may affect good mental health, assessing how severe the risks are, and taking steps to eliminate and control the risks are essential steps to building a healthy and safe workplace.

For more information, visit these web pages:

Other important legislation

Criminal Laws

Where incidents of bullying involve an assault or other criminal behaviour, criminal laws will also apply. In this case, contact ACT Policing to inform them of the incident.

Anti-discrimination laws

Each Australian jurisdiction regulates against the discrimination of certain groups. Under anti-discrimination laws, organisations are required to make reasonable changes to assist workers with mental health condition to perform the inherent requirements of their job.

Fair Work Act 2009

Addresses bullying at work. A worker who is experiencing bullying at work can apply to the Fair Work Commission for an order to prevent the worker from being bullied at work by an individual or group of individuals. An employer must not take any action against an employee or potential employee because of their disability (such as for accessing sick leave).

Privacy Laws

There are several Australian laws regulating the handling and disclosure of personal information and health care records, including the Privacy Act 1998 (Cth).

What are my responsibilities?

PCBU

A PCBU is the person conducting the business or undertaking.

A PCBU has the primary duty to make sure workers and other people are not exposed to psychosocial hazards arising from the business or undertaking.

This duty requires PCBU’s to ‘manage’ risks by eliminating or minimising exposure to psychosocial hazards so far as is reasonably practicable.

Officer of a PCBU

An officer is a person involved in making decisions that affect the whole or a substantial part of the organisation.

Officers have a duty to make sure the PCBU complies with their duties under the WHS laws. This includes taking reasonable steps to gain an understanding of the psychosocial hazards and risks associated with the operations of the business or undertaking, and to make sure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks of harm.

Worker

Workers undertake work for the PCBU – this could be paid or unpaid work, such as volunteers.

Workers have a duty to take reasonable care of their own health and safety and to not negatively affect the health and safety of other persons.

Workers must comply with reasonable instructions, as far as they are reasonably able, and co-operate with reasonable health and safety policies or procedures that have been notified to them.

Other persons

Other persons at the workplace, like visitors, must take reasonable care for their own health and safety and must take reasonable care not to negatively affect other people’s health and safety.

Other persons must comply with reasonable instructions given by the PCBU to allow them to comply with WHS laws.

Do I need to disclose my mental health condition?

During Employment

During Recruitment

Workers do not need to tell their manager or supervisor about a mental health condition if it does not affect how they do their job. However, organisations should have systems in place to make sure workers know the importance of getting medical advice when their mental health may affect their ability to do the requirements of their job or work safely.

Workers should be encouraged to speak to their doctor if they believe the job requirements may worsen their condition and then discuss this medical advice with their manager. If a worker does tell their manager or supervisor details of their mental health condition, they are legally required to keep the information confidential, unless the worker gives written permission for them to share.

Employers, service providers and others must make reasonable adjustments for people with a disability to give them the same opportunities as others. The costs of these reasonable adjustments may be covered by the Employment Assistance Fund.

Having a mental health condition does not often affect a person’s ability to perform the upfront requirements of a job. However, during the recruitment process, applicants may be asked to disclose a known disability or illness, including a mental health condition that might impact on the applicant’s ability to perform essential requirements of the job and to identify if any reasonable adjustments may be needed.

Given the sensitivities around requesting applicants to disclose their health conditions, you should get advice from a workplace relations expert before including this in your recruitment processes.

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