Moree Plains Shire Council was issued with an improvement notice by SafeWork NSW after a complaint raised concerns about psychosocial risk, as the State Government prepares new court powers to protect workers from exactly this kind of risk.
SafeWork NSW confirmed the notice followed a request for service made in December last year, with a spokesperson saying managing psychosocial risk was a key focus for the regulator.
“Managing psychosocial risks at work is a SafeWork NSW focus area and a regulatory priority.
“In December last year, SafeWork NSW received a request for service raising psychosocial work health and safety concerns at Moree Plains Shire Council.
“SafeWork NSW inspectors commenced enquiries in response to the request for service and issued an improvement notice to the council.”
SafeWork NSW said it had since monitored the council’s response to the notice.
“SafeWork NSW monitored the progress of the council in taking the required compliance actions.
“The improvement notice addressed non-compliance with work health and safety laws related to systems of work for managing psychosocial hazards in the workplace,” the spokesperson said.
A Moree Plains Shire Council spokesperson said the council had acted quickly to address the notice.
“Moree Plains Shire Council received a general improvement notice which our team responded promptly and comprehensively, implementing a new Psychosocial Hazards Policy and Procedure, including the training of over 200 staff.
“Any current or emerging psychosocial risks will be managed through the Psychosocial Hazards Policy and Procedure,” the spokesperson said.
The case comes as the Minns Labor Government prepares to introduce new Workplace Protection Orders (WPOs) to NSW Parliament in October, giving courts the power to ban people who threaten, stalk or abuse workers on the job. The orders will not initially apply to councils, but some are already looking at the proposed new mechanism as a way to protect the council chamber and offices given the rise in psychosocial risk linked to councillor behaviour, as previously reported by New England Times.
The new WPOs will apply to those aged 14 and older who stalk, intimidate or engage in conduct amounting to a personal violence offence at a workplace, where there are reasonable grounds to fear the behaviour will continue. Courts will be able to make orders for the duration and with conditions deemed necessary to stop protected workers being assaulted, threatened, stalked, harassed or intimidated, including banning someone from a premises, contacting staff or possessing weapons.
A person conducting a business or undertaking under the Work Health and Safety Act 2011 will be able to seek a WPO on behalf of one or more workers. Business groups, unions and health and safety representatives will also be able to apply, with authorisation from those they represent. Breaching an order will be punishable by up to two years’ imprisonment, a $5,500 penalty, or both.
The laws follow extensive consultation with employers, police, unions, government agencies and legal stakeholders. They will initially apply to retail workplaces, with the Government able to extend the scheme to other workplaces, including councils, by regulation. They are expected to take effect within 12 months of passage, to allow for education, training and justice system upgrades, and will be subject to a statutory review after three years.
“The Minns Labor Government has zero-tolerance for violence and abuse towards workers and these laws have been designed to protect workers who are simply doing their jobs,” Minister for Industrial Relations Sophie Cotsis said.
“This legislation builds on the work we are doing to create safer workplaces for workers including the introduction of offences for harassing, stalking or assaulting a retail worker.”
“As a former retail worker myself, I want customers to take a moment to remember that the people who serve you deserve respect.”
Attorney General Michael Daley said the laws had been designed with input from across the sector.
“Violence against workers is never acceptable. These tough new laws will crack down on offenders who harass, intimidate and abuse someone who is simply trying to do their job,” Mr Daley said.
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