WHS Risk Management System

 

In order to comply with legal requirements in the WHS Act you should already have a WHS risk management system in your workplace that;
 

• identifies risks to health and safety 

• assesses those risks

• eliminates or controls those risks

• monitors and reviews those risks

 

Bullying in the workplace is recognised as a risk to health and safety by the Fair Work Act and has been written into the NSW WHS Regulation 2017 as of  October 2022.

 

All businesses, regardless of size, have a duty under Section 19 of the Work Health and Safety (WHS) Act to provide a safe and healthy workplace.

​

Managers must manage non physical risks and hazards the same as they would manage physical risks and hazards.

 

Organisations should take an active approach to managing the risk of bullying and other psychosocial hazards and risks in the workplace in order to;
 

• eliminate or minimize the risk of workers being bullied

• be in compliance with work health and safety legislation

• avoid costly legal actions

• avoid losing productivity

• avoid getting embroiled in an investigation and penalties by your WHS regulator or the Fair Work Commission.

 

Consultation

​

Your WHS risk management system must include consultation with workers before making any decisions on WHS matters. (Ref Sections 46-49 of the WHS Act 2011.)

 

Training and Education

 

Bullying  in the workplace can only be handled effectively in your WHS risk management system if all workers are trained in the following matters:
 

 

• your organisation’s workplace bullying policy and procedure

• ‬the expected standards of behaviour in your workplace

• what bullying is, including examples

• where to get advice and assistance within your organization about bullying

• who workers can go to within the organization to report bullying 

• your organisation’s system for responding to and managing a bullying complaint

 

In addition, managers and supervisors should be trained in:
 

• how to respond to workplace bullying allegations

• how to develop productive and respectful workplace relationships

 

Those staff who are given the responsibility of investigating workplace bullying allegations should be trained in doing investigations.