Landmark Case: WA Department of Justice faces maximum $3.5 Million fine for Psychosocial Risk Failures
WorkSafe is prosecuting the Western Australian (WA) Department of Justice for allegedly failing to ensure a safe work environment at Bunbury Regional Prison. This failure reportedly led to serious psychological harm to a former female prison officer, stemming from bullying, harassment—including sexual harassment—and victimisation.
This marks the first instance where WorkSafe WA has initiated prosecution under the existing legislation concerning psychosocial matters.
The first mention of the case took place on November 7 at Bunbury Magistrates Court, and it is now before the courts. If found guilty, the Department could face a maximum penalty of $3.5 million.
Primary Duty of Care - WHS Laws
Under the WA Work Health and Safety Act 2020, the duty of care requires businesses to proactively identify, assess, and manage risks to workers’ health and safety, including psychosocial risks such as bullying, harassment, and workplace stress. This responsibility extends beyond just reacting to incidents when they occur; it necessitates the proactive identification of psychosocial risks, and the implementation of policies, training, and monitoring systems to create a safe and respectful working environment.
Failing to meet this responsibility not only violates work health and safety laws but also erodes employee trust and the organisation's reputation, underscoring the importance of adopting a proactive approach rather than reacting after problems occur.
The costs of neglecting workplace culture
This matter is a reminder to all businesses that workplace bullying and harassment can occur in any setting. Without proper systems to manage and prevent these behaviours, organisations risk not only the wellbeing of their employees but also significant legal and financial repercussions. Additionally, a poor workplace culture can lead to reduced employee morale, higher turnover rates, and difficulty attracting top talent. Beyond these operational impacts, a negative workplace reputation can spread beyond the organisation, damaging client relationships and stakeholder confidence. Investing in a respectful and supportive culture is not just a compliance requirement—it’s a strategic advantage.
Steps to manage psychosocial risks
To protect your business from similar challenges and fulfill your primary duty of care, it is essential to adopt a proactive strategy that addresses the root causes of behaviour-related risks. WHS legislation requires businesses to go beyond simply providing policies and training, which are minimum standards, and instead focus on higher-order controls to prevent these behaviours from occurring in the first place. Start by consulting with your workforce to identify psychosocial hazards as potential risks and determine appropriate controls in line with WHS legislation and guidance material. This should be the foundation of your approach. Consider the following measures:
Consult with Your Workforce: Engage employees to collaboratively identify psychosocial hazards, evaluate risks, and implement suitable controls. Open dialogue builds trust, encourages accountability, and ensures solutions are practical and effective.
Apply Higher-Order Controls: Implement preventative measures that target behaviour-related risks at their source. This includes redesigning workflows to limit opportunities for conflict, clarifying behavioural expectations to reduce misunderstandings, fostering open communication to address concerns early, and building leadership capabilities to model respectful workplace behaviours.
Establish Clear Policies: Develop and enforce policies that outline acceptable workplace behaviours and provide transparent processes for reporting and resolving issues. While necessary, these policies should complement other preventative measures rather than act as standalone solutions.
Provide Regular Training: Deliver ongoing training to all employees, including leadership, to build awareness of bullying, harassment, and other unacceptable behaviours. Training should equip individuals with practical skills to identify, prevent, and address these issues.
Implement Safe Reporting Systems: Create secure, confidential mechanisms for employees to report concerns without fear of retaliation. Effective reporting systems enable early intervention and support a culture of accountability and trust.
Respond Promptly to Complaints: Investigate complaints thoroughly and without delay, ensuring appropriate actions are taken to resolve issues and prevent recurrence. Use feedback from complaints to inform your broader preventative strategy.
Foster a Positive Workplace Culture: Promote an inclusive and respectful environment where harmful behaviours are actively discouraged. Encourage collaboration, celebrate diversity, and prioritise employee wellbeing as a cornerstone of your workplace culture.
By taking these steps, businesses can proactively manage psychosocial risks, comply with WHS legislation, and create a workplace that supports employee wellbeing while reducing the potential for harm.