Psychosocial hazard #3 – Poor Support

Psychosocial hazard #3 – Poor Support

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Psychosocial hazard #3 – Poor Support

example flexible working arrangement

The third psychosocial hazard identified in Safe Work Australia’s Model Code for Managing Psychosocial Hazards at Work is “poor support”.

Why is “poor support” a psychosocial hazard?

There are a range of ways in which people might be poorly supported – like how their supervisors or other workers interact with them or not having the availability or the quality of resources available to enable them to do their job and lots more.

Some questions that you might ask to assess whether there are any poor support related psychosocial hazards in your workplace include:

  • Do people receive insufficient, unclear or contradictory information related to their work?
  • Do people have all of  the things they need to do their job properly or on time and/or do they have to wait or compete for what they need ?
  • Are tools and systems and other resources  poorly maintained or inadequate for the work that is supposed to be undertaken? 
  • Are people given the instruction, training and time to develop skills that are necessary for the work they are to do? 
  • Can workers access supervisors consistently to make decisions and provide them with the guidance that they need?
  • Are there sufficient workers available to perform tasks safely?
  • Is it difficult for workers to call out for help when they need it because they cannot leave their workstation, or because they are working on their own or remotely?
  • is the workplace culture competitive and discouraging of people helping each other out?
  • Is it hard to find somewhere psychologically safe to talk to someone because there are no private facilities or meeting rooms in the workplace? 
  • Do people think that management doesn’t listen and doesn’t respond if anyone raises a concern?
  • Do people not get good performance feedback as it is not constructive, or helpful or it is non-existent?

This list is not exhaustive and, while we have based these posts of the model code produced by Safe Work Australia, there can be differences in the specific details for each State or Territory. So you need to check that in the jurisdiction in which your workplace lies.

Need help?

Give us a call on 0438 533 311 to arrange your free first consultation to see how we can help with advice and support on this or any other HR matter. 

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Psychosocial hazard #2 – Low job control

Psychosocial hazard #2 – Low job control

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Psychosocial hazard #2 – Low job control

example flexible working arrangement

The next psychosocial hazard that is listed in Safe Work Australia’s Model Code of Practice on Managing Psychosocial Hazards at Work is “low job control”.

Why is low job control a psychosocial hazard?

This hazard involves workers who have little control or say over the work or aspects of the work including how, when and where the work is done

Some questions that you might ask to assess whether there are any low job control related psychosocial hazards in your workplace include:

  • Do people require permission or sign-off before being allowed to progress routine or low risk tasks?
  • Are people not permitted to make decisions that are within the scope of their abilities?
  • Is work subject to prescriptive processes that do not allow workers to apply their skills or judgment?
  • Are changes made to people’s work areas without consulting them?
  • Are changes made to work processes, systems or resources without consulting the affected workers?
  • Do you have managers who micro manage people to ensure that they are on top of things and people don’t make mistakes?
  • Do work processes and systems limit people’s ability to take breaks or change tasks?
  • Do excessive work demands make it difficult for workers to take breaks or to maintain reasonable working hours?
  • Are workers often in situations which expose them to aggression or abuse?
  • Is the physical work environment something that workers cannot control or get relief from (eg working in adverse climatic conditions or dusty or smoky environments)?

This list is not exhaustive and while we have based these posts on the model code produced by Safe Work Australia, there can be differences in the specific details for each State or Territory. So you need to check that in the jurisdiction in which your workplace lies.

Need help?

Give us a call on 0438 533 311 to arrange your free first consultation to see how we can help with advice and support on this or any other HR matter. 

 

 

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Psychosocial Hazard #1 – Job Demands

Psychosocial Hazard #1 – Job Demands

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Psychosocial Hazard #1 – Job Demands

example flexible working arrangement

This is the first in a series of blogs in which we will unpack the 14 psychosocial hazards identified in the Model Code for Managing Psychosocial Hazards at Work published in 2022 by Safe Work Australi.

The first of those is “Job demands”.

    Why are job demands a psychosocial hazard?

    This hazard involves sustained or intense levels of physical, mental or emotional effort which are unreasonable and chronically exceed a worker’s skills or sustained low levels of physical, mental or emotional effort.

    Some questions that you might ask to assess whether there are any job demand related psychosocial hazards in your workplace include:

    • Are there long, irregular or unpredictable hours of work?
    • Are there insufficient breaks or not enough recovery time between work periods?
    • Are there people who don’t take time off (and perhaps might have an excessive annual leave balance)?
    • Does anyone struggle with the amount of work that they have to do?
    • Does anyone struggle with the complexity of the work that they have to do?
    • Are timelines for completion of work too demanding?
    • Is the level of concentration required to do a job too intense?
    • Do people have challenges in managing competing priorities?
    • Is anyone concerned about the impact that making a mistake would have?
    • Does anyone’s work involve managing stressful or distressing situations?
    • Do people have to manage others’ emotions or perhaps suppress their own?
    • Is there anyone who doesn’t have enough work to do?
    • Do people have to wait on others to complete work before they can do their own or before they can access the tools and resources that they need to do their jobs?
    • Does anyone do very monotonous and repetitive work?
    • Is there anyone who finds the work just too easy and unchallenging because they have higher abilities? 

    This list is not exhaustive and, while we have based these posts of the model code produced by Safe Work Australia, there can be differences in the specific details for each State or Territory. So you need to check that in the jurisdiction in which your workplace lies.

    Need help?

    Give us a call on 0438 533 311 to arrange your free first consultation to see how we can help with advice and support on this or any other HR matter. 

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    Your Swiss Army knife

    Your Swiss Army knife

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    Your Swiss Army knife

    example flexible working arrangement

     

    One of the psychosocial hazards that research is showing to be at the forefront of the list that organisations need to address is that of lack of role clarity.

    One of the tools that we can use to help to address that is the humble Position Description (PD) which has been around for decades and can be found in lots of different forms. 

    In most places where I have worked as an employee or as a consultant, PDs are commonly treated as something we have to have for our quality accreditation or our HR compliance or something that we give people when we advertise a job or when they start employment with us. They are then filed away and forgotten about. 

    This is really unfortunate because the PD is a very versatile tool and arguably one of the most powerful in a manager’s toolbox. 

    So how can PDs be used to good effect? Here are 5 ways that we have used them.

    #1. Compliance satisfaction

    Every employer has a statutory duty to ensure that every employee is properly instructed in their duties and has the skills and abilities to perform their tasks safely for themselves and others. This is enshrined in workplace health and safety law and is also an important part of employment law in general.   

    The PD is an effective aid to that instruction and skills assessment and enablement. It helps with documentary evidence of satisfaction of the statutory duties that all employers have as well as in dealing with employee grievances and actions against the employer (eg in demonstrating reasonable management action in response to an adverse action or bullying complaint).  

    #2. Recruitment effectiveness

    If you are going to be effective in recruitment, you first want to know what the attributes required for competent performance of a role are so that you can prepare a fit advertisement. 

    You then need to identify selection criteria and the how to assess candidates by considering the attributes required in the role and the best ways to test candidates for those attributes. 

    You also want to communicate what attributes are required to candidates (so that the right ones apply).  

    A properly constructed PD helps with all of that and assists you to make an informed and evidence-based selection decision.

     #3. Targeted development

    The content in PDs that details the skills, knowledge and attributes required provides a great foundation for assessing the technical strengths and weaknesses of an employee and why that is the way they are.  

    That, in turn, can lead to targeted development that leverages those strengths or builds on areas of weakness. That will deliver the optimal return on investment in learning and provide the best support and recognition for the individual employee.  

    It is also a great aid to onboarding of employees and getting them up and running quickly because their role and responsibilities are clearly communicated and easily understood from day one.

     #4. Performance management

    Clearly, if we are going to expect people to perform their roles effectively, we have to tell them what their roles and responsibilities are and what performance standards are expected. A good PD does this and helps employees to be more productive and aligned in performance as a result.

    Conversely, when performance management concerns arise, it is very important to go through a methodical, relevant and procedurally fair process that is supported by documentary evidence.  

    The PD plays a critical part in this as it describes what is expected of the role the person is performing and the attributes required to meet those expectations. It also provides documentary evidence that the employer has clearly communicated the duties and expectations to the employee.  

    Additionally, as with development of employees, the PD can be a useful tool for analysing why an employee might not be meeting expectations eg because they are lacking in some particular attribute (skill, ability or knowledge) required for the role.  

    #5. Better employee engagement and wellbeing

    Study after study tells us that key elements in good employee engagement and wellbeing practice include: 

    • giving people clarity about their roles and the expectations of them
    • providing the support that they need as an individual to be successful in their roles
    • having clear meaning and purpose in the work that they do and
    • feeling psychologically safe by feeling included and informed and involved in their work, in their relationships and in their team.

     A well-structured PD helps with all of these factors when all of the PD purposes outlined above are part of everyday practice in organisations.

     So that is why I think of the PD as the HR Swiss Army Knife – it can be used constructively in so many different ways. 

     Of course, it is just a tool and there are many others in the HR toolkit that need to be used to deliver best practice in People and Culture management.

    Do you need to reimagine how you use PDs in your business?

    How can we help?

    We can provide you with tools like Position Descriptions and coaching in how to apply these tools effectively to control psychosocial hazards, otherwise meet your compliance obligations and build better communications and employee engagement.

    If you want to know more, give us a call on 0438 533 311.



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    Changes to flexible working arrangements and the NES

    Changes to flexible working arrangements and the NES

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    Changes to flexible working arrangements and the NES

    example flexible working arrangement

    Under National Employment Standards, employees (other than casual employees) who have worked with the same employer for at least 12 months can request flexible working arrangements if they:

    • are the parent, or have responsibility for the care, of a child who is school aged or younger
    • are a carer (under the Carer Recognition Act 2010)
    • have a disability
    • are 55 or older
    • are experiencing violence from a member of the employee’s family, or
    • provide care or support to a member of their household or immediate family who requires care or support because that person is experiencing violence from their family.

    These entitlements have been around for many years but some changes are coming in.

    From 6 June 2023, the right to request flexible working arrangements will also apply to:

    • employees, or a member of their immediate family or household, experiencing family and domestic violence
    • employees who are pregnant.

    In what circumstances does the entitlement arise?

    What is important to remember with this entitlement is that the need for the flexible working arrangement arises specifically from the particular attribute (ie the parental or carer status or the disability, etc) that applies to the employee.

    For example, the fact that I am a parent does not, of itself, mean that I have an automatic entitlement to have a flexible working arrangement. However, I do have that entitlement if the exercise of my parental responsibilities gives rise to a need for a flexible working arrangement.

    Similarly, the fact that I am 55 years of age or older does not of itself mean that I can access a flexible working arrangement but I have the entitlement if a flexible working arrangement is necessary to support my transition to retirement or to allow for some age-related disability (ie it is related to the fact that I am 55 years or older),

    In some cases, multiple attributes can come in to play eg I could be over 55 years of age and transitioning to retirement and be a carer for my grandchild or I could be a victim of domestic violence and have parental responsibilities. Sometimes it will be this combination of factors which gives rise to the genuine need for a flexible working arrangement.

    What must an employer do if an employee requests a flexible working arrangement?

    Under current rules, employers have to genuinely consider a request from an eligible employee and can only refuse a request on reasonable business grounds. An employer must respond to a request in writing within 21 days and, if the request is refused, provide details on the “reasonable business grounds” in which it has been refused.

    However, from 6 June 2023, two more very important changes come in:

    • Employers will have a duty to consult the employee about the request for a flexible working arrangement – to discuss it with the employee and to see if their needs can be accommodated in some way and
    • If the employer and the employee are not able to reach agreement or the employer does not respond in writing within the prescribed 21 day period, the matter can be taken to the Fair Work Commission for mediation, conciliation or mandatory arbitration.

    What are reasonable business grounds?

    The threshold of “reasonable business grounds” and examples of reasonable business grounds on which an employer can refuse a request have not changed.

    Without limiting these grounds, they include the following:

    • that the new working arrangements requested by the employee would be too costly for the employer

    •  that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the employee

    •  that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested by the employee

    • that the new working arrangements requested by the employee would be likely to result in a significant loss in efficiency or productivity, and

    • that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service.

    The specific circumstances of the employer, including but not limited to the size and nature of the employer’s enterprise, are relevant to whether an employer has reasonable business grounds to refuse a request.

    What should I do with a request from an employee who is not eligible?

     If an employee is not eligible due to not having completed 12 months service but would otherwise qualify because the request arises from needs associated with one or more of the prescribed attributes, we would suggest that you should still see if there is a way to accommodate the employee’s needs even if they technically do not have a legal right to request a flexible working arrangement.

    There are other jurisdictions where an employee might be able to take a complaint of unlawful discrimination if a request is unreasonable refused.

    If an employee is not eligible because the request does not arise from a need associated with one or more of the prescribed attributes, there is less of a risk of an employee having a legal basis on which to prosecute a complaint of some sort.

    Having said that, we know that, resultant from COVID lockdowns, there are a lot of people who have had the experience of working from home and are looking for working from home or hybrid working arrangements.

    Employers really need to look at what they are able to offer employees in flexibility of working arrangements as part of their overall talent attraction and retention strategy.

    Some organisations are shifting to 4 day weeks.

    For categories of employee who cannot work from home because of the job that they do (eg  nurses, factory workers, drivers, construction workers, hospitality and shop-based retail staff), look at what flexibilities you might be able to offer such as an RDO or a 9 day fortnight or an early finish on Fridays. 

    Need help?

    Give us a call on 1300 108 488 to arrange your free first consultation to see how we can help with advice and support on this or any other HR matter. 

    Note: some of the content has a been sourced from publications by the Department of Employment and Workplace Relations and the Office of the Fair Work Ombudsman. 

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    Put your HEART into stamping out sexual harrassment

    Put your HEART into stamping out sexual harrassment

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    Put your HEART into stamping out sexual harrassment

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    The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) recently released its report on an investigation that it conducted into Bakers Delight Holdings’ compliance with the positive duty to eliminate sexual harassment.

    Bakers Delight Holdings was chosen because it is both a head franchisor and an employer in the retail industry both of which are regarded as high-risk environments. It wasn’t because specific complaints had been made against Bakers Delight Holdings but rather the company engaged with the regulator in the investigation.

    What is a positive duty?

    Under the Victorian Equal Opportunity Act 2010, employers in Victoria have a “positive duty” to take reasonable and proportionate measures to eliminate workplace sexual harassment.

    The “positive duty” requires employers to take action to prevent sexual harassment, not just respond to it when it occurs.

    Employers must take preventative measures regardless of whether a complaint has been made.

    How did they assess compliance with the positive duty to prevent sexual harassment?

    The used VEOHRC’s own Guideline on Preventing and responding to sexual harassment as the authoritative reference. This sets out 6 minimum standards for employers as follows:

     

    Standard 1: Knowledge

    Employers understand their obligations under the Equal Opportunity Act 2010 and have up-to-date knowledge about workplace sexual harassment.

    Employers understand the law relating to sexual harassment including their positive duty. Employers understand the drivers and impacts of sexual harassment. Leaders and supervisors know how to identify and respond to sexual harassment in the workplace.  

    Standard 2:

    Prevention plan

    Sexual harassment is prevented through the development and implementation of an effective sexual harassment prevention plan.

    Employers have assessed what steps they will take to prevent sexual harassment, including measures in line with these standards, and have documented the plan. Workers and their representatives have an opportunity to contribute to the development or revision of the plan. Workers understand the plan (including relevant policies and procedures) and know where to find it. Leaders have implemented the plan and are accountable for the commitments within it.

    Standard 3:

    Organisational capability

    Leaders drive a culture of respect by building organisational capability

    Expectations of respectful workplace behaviour have been set and clearly communicated to workers. Leaders model respectful workplace behaviour. Employers have taken steps to ensure workers understand that sexual harassment and victimisation are against the law and will not be tolerated. Employers encourage and support bystanders to act safely to respond to sexual harassment.

    Standard 4:

    Risk management

    Employers have built a culture of safety and address risk regularly.

    Employers have regularly identified and assessed risk factors for sexual harassment, including by seeking feedback from workers. Employers have recognised and treated sexual harassment as a work health and safety risk. Employers have taken steps to minimise and control workplace risk factors. Workers understand and are encouraged to use systems in place to address risk.

    Standard 5: Reporting and response

    Sexual harassment is addressed consistently and confidentially to hold harassers to account, and responses put the victim-survivor at the centre.

    A fair and confidential reporting and complaints procedure is prepared in consultation with workers, with victims-survivors’ wellbeing prioritised. Workers know how and where to make a complaint or report and are supported to do so. Responses to complaints are timely and consistent, with proportionate disciplinary outcomes. Workers are safe and supported through a complaints process, including through identifying and preventing victimisation.

    Standard 6:

    Monitoring and evaluation

    Outcomes and strategies are regularly, reviewed, evaluated and improved.

    Employers regularly collect and assess reporting and complaints (and other relevant) data for trends, patterns and lessons to drive continuous improvement. Employers regularly review and update sexual harassment prevention plans (eg annually) to drive continuous improvement. Employers are transparent about trends, patterns and lessons with workers, boards and key stakeholders. Workers have confidence that sexual harassment is being eliminated in their workplace.

    VEOHRC has stated that it believes that these guidelines are sufficiently authoritative to be used in court proceedings relative to the positive duty to prevent and respond to sexual harassment.

    What were their findings?

    Not surprisingly, they found gaps in their compliance settings and practice, as they no doubt would in most (if not all) organisations.

    Following on from that investigation, Bakers Delight Holdings has entered into a compliance agreement with VEOHRC through which it has committed to:

    • developing a sexual harassment prevention plan
    • developing sexual harassment training for all Bakers Delight employees and training to assist managers to respond to reports of sexual harassment
    • updating sexual harassment policies and procedures for responding to sexual harassment
    • regular communication to Bakers Delight employees about how they can make a complaint of sexual harassment
    • developing a central register of reports of sexual harassment.

    What does this mean for you?

    The report and the Compliance Agreement with Bakers Delight Holdings sets a new benchmark on what organisations need to be doing to meet their positive duty.

    While the focus has been on franchisors and the retail industry which should take particular note, the message is clear and transferable for any employer in any workplace setting.

    Just as with the positive duty in relation to mental health and wellbeing and elimination of psychosocial hazards, we need to get real about getting the right behaviours in our workplace and eliminating the wrong ones.

    Our HEART model is specifically designed to generate cultural improvements in organisations:

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