Managing psychosocial risks in medical practices

In a 2022 case, the High Court made it clear that employers must take proactive and meaningful steps to care for the mental health and wellbeing of employees who perform inherently psychosocially hazardous work. This case involved a public prosecutor working in a specialist sexual offences unit who was subject to vicarious trauma.  Many doctors work in similar conditions which can impact their mental health and emotional wellbeing through vicarious trauma.

The court ruled the employer failed to prevent and manage trauma risks, leading to the prosecutor’s severe psychiatric injury and inability to return to work. Significant damages were awarded for the breach of duty of care for their mental health.

The case is a reminder to employers they cannot adopt a ‘wait and see’ approach where the employees’ work involves psychosocial hazards.

Positive changes

Since this landmark case, there has been positive changes to the law. The Federal Work Health and Safety Regulations 2011 (Model Regulations) were updated to include definitions of psychosocial risks and clarify the responsibilities of employers and other duty holders. They are now required to take reasonable steps to manage the risk of psychological harm.

At state-level, New South Wales, South Australia, Tasmania, Western Australia, and Queensland have introduced similar regulations, while Victoria has created its own rules to address psychosocial hazards.

Tips for medical practices

A psychosocial hazard is anything at work that could harm a person’s mental health. It can come from how work is designed or managed, the work environment, the tools or equipment used, or interactions and behaviours in the workplace. Below are tips for medical practices to maintain their duty of care and eliminate psychosocial risks.

Identify and address psychosocial hazards 

Conduct workplace health and safety risk assessments to identify psychosocial hazards, such as violent or distressed patients, confronting clinical conditions, and high workloads.

Monitor and manage workload impacts 

Regularly monitor workloads, particularly for staff exposed to vicarious trauma, and consider additional protective measures when needed.

Proactive and preventative measures

Focus on prevention by implementing systems to recognise early signs of mental or emotional strain. Examples include regular mandatory debriefing sessions for frontline staff and routine welfare checks.

Support staff facing emotional challenges

Provide support and debriefing for employees affected by vicarious trauma or mentally demanding work. Acknowledge the cumulative impact these roles may have on mental health.

Actively identify mental health risks 

Don’t wait for staff to report mental health hazards. Proactively assess risks, such as workload pressures, ensure clear reporting frameworks, and maintain open communication with staff.

Foster a mental health-focused culture

Create a workplace culture that openly discusses the mental and emotional impacts of work, encourages self-care, and includes mental health and wellbeing in staff meetings.

Agile and lived wellbeing policies

Develop proactive, adaptable mental health policies that are actively practised, not just documented. Train managers to support mental health safety effectively.

Model good mental health practices

Practice managers, owners, and staff should prioritise their own mental wellbeing and model positive behaviours to support a healthy workplace culture.

More information

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