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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.

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Safety

Will your Christmas function by Psychosocially safe this year?

Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not only WHS claims but also: sexual harassment, sex based harassment, hostile work environment, sex discrimination, victimisation (collectively the Respect@Work obligations), plus bullying, adverse action, unfair dismissal, and privacy claims as well.

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Safety

What are WHS regulators looking for when assessing an employer’s management of psychosocial risk?

Each case will be different, depending on an organisational risk profile, but recent commentary from Safe Work South Australia’s Principal Inspector of Organisational Psychology, Sam Atkins gave some good ‘hints’ that PCBUs can apply to increase the likelihood of compliance. This advice comes following a recent prosecution of a WA prison department that was handed a record-shattering $900,000 workplace health and safety fine in 2022, could receive another safety fine of up to $3.5 million, after becoming the first duty holder to be charged with failing to attempt to control psychosocial hazards under Western Australia's WHS laws.

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