Issue #81 – September 24
Welcome to Focus on Fatigue!
The workplace landscape has seen significant shifts in recent years, with a growing emphasis on safeguarding employee well-being. In Australia, two pivotal recent developments stand out: the new ‘right to disconnect’ laws and regulations around managing psychosocial health risks. Together, these measures are designed to address the mental strains workers face, particularly those related to overwork and fatigue. These issues are not unique to Australia but are a growing global challenge. Other countries including France, Canada and Japan having introduced similar initiatives, and pressure is mounting in other regions for similar regulations.
In this edition of Focus on Fatigue we will take a look at these recent developments and how they relate to fatigue risk management.
The FRMS Team
Views expressed in articles and links provided are those of the individual authors, and do not necessarily represent the views of InterDynamics (except where directly attributed).
Right to Disconnect and Psychosocial Health Regulations:
A Step Forward in Employee Wellbeing and Fatigue Risk Management
Psychosocial Health Regulations
In 2022, Australia introduced more stringent psychosocial health risk regulations, which require employers to actively manage and mitigate risks that may harm employees’ mental and emotional well-being. Psychosocial hazards include:
- job demands
- unrealistic workloads
- workplace stress
- bullying
- harassment
- workplace conflict
- lack of support
- poor management practices
These factors can lead to mental health impacts, burnout, absenteeism, staff turnover and fatigue-related incidents.
The regulations are part of the broader occupational health and safety framework and require organisations to conduct risk assessments to identify and address psychosocial hazards. Employers must also develop action plans to prevent these risks and provide ongoing support, ensuring that employees work in an environment that promotes mental health.
The Right to Disconnect
Further to this, Australia has recently passed ‘right to disconnect’ laws, designed to provide employees with the ability to disengage from work-related communication and demands outside of working hours. The right to disconnect is gaining traction across various regions and sectors, modelled after similar laws in countries such as France and Ireland. These laws aim to curb the expectation that employees must remain perpetually available for emails, calls, or virtual meetings outside their contractual hours. In essence, the right to disconnect is a formal recognition of workers’ need for clear boundaries between work and personal life, helping to reduce burnout and fatigue.
Linking These Developments to Fatigue Risk Management
These developments are closely tied to fatigue risk management as they both aim to mitigate factors that contribute to workplace fatigue, which not only has physical impacts but also mental and emotional. Fatigued workers are more susceptible to negative psychosocial outcomes. Workers that are stressed and always available are less likely to achieve the desirable restorative sleep. Both measures serve as important tools in broader fatigue risk management strategies by addressing the root causes of mental and physical exhaustion in modern workplaces.
Employers face a legal obligation to consider fatigue-related risk under Work Health and Safety (WHS) laws. These laws require organisations to implement effective fatigue management policies, which include ensuring that workers do not work excessive hours, are given adequate breaks, and are not overburdened with tasks outside their working hours. By addressing these hazards, organisations not only comply with regulatory standards but also actively reduce the likelihood of fatigue-related risks.
Legal Responsibility of Employers and Employees
Australian WHS laws place the onus on both employers and employees to manage workplace fatigue. Employers are required to ensure a safe work environment by implementing policies that reduce excessive working hours, allowing time for rest, and providing mental health resources.
However, employees also bear responsibility for managing their own fatigue. This includes responsibly utilising sleep opportunities, report any concerns related to their workload or work hours, and avoid undertaking tasks when they are too fatigued to perform them safely. Fatigue is a shared responsibility, and workers must be proactive in communicating with their employers about the risks they face.
In light of the new right to disconnect laws and regulations addressing psychosocial health risks in Australia, it’s clear that both employers and employees have significant roles to play in ensuring healthier, safer work environments. These legal changes are designed to help mitigate mental health risks, reduce burnout, and improve work-life balance. But as these laws evolve, it raises an important question for all workplaces:
How is your organisation addressing these critical factors?
Are you taking proactive steps to manage psychosocial hazards like workload stress, bullying, and excessive after-hours work expectations? Are you complying with legal obligations around fatigue risk management, ensuring that your workers have the support and boundaries needed to maintain their mental and physical health? As the responsibility to safeguard employee wellbeing grows, it’s essential for organisations to reflect on their current practices and consider whether they’re doing enough to protect their workforce from these emerging risks.
This is a moment for reflection and action. How will your workplace respond?
Resources
Understanding Psychosocial Hazards in the workplace
SafeWork SA
Managing Psychosocial Hazards at Work – Code of Practice
Safe Work Australia
Mental Health at Work
World Health Organisation