A significant development in workplace health and safety law has emerged as WorkSafe WA announced that the State Department of Justice (DOJ) is facing prosecution for failing to manage psychosocial hazards. This case marks a critical milestone, being the first of its kind since the introduction of WA’s Work Health and Safety (WHS) laws in March 2022. The department, which previously received a record fine in 2022, could face penalties of up to $3.5 million.
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The charges against the department include breaches of sections 19 ("Primary duty of care") and 31 ("Failure to comply with health and safety duty – Category 1") of the WA WHS Act 2020.
WorkSafe WA alleges that the department failed to provide and maintain a safe working environment, resulting in serious psychological harm to a prison officer employed at Bunbury Regional Prison. The injury stemmed from the department's negligence in addressing workplace issues such as bullying, harassment, and victimization.
In March 2023, WorkSafe WA issued an improvement notice to the DOJ, requiring the implementation of effective procedures to prevent inappropriate workplace behaviour. Despite receiving an extension, the department did not comply with the notice, prompting WorkSafe to take legal action.
The DOJ has a history of non-compliance, with three previous successful prosecutions by WorkSafe WA. Most recently, the department was fined $900,000 after a worker was attacked by a problematic riot-control dog, setting a record for workplace safety fines in Western Australia. The department also faced fines for past incidents involving the heat-stroke death of an Indigenous elder and the fatality of a Hakea Prison inmate.
This latest prosecution emphasizes the increasing importance of psychosocial safety in the workplace, particularly in high-stress environments like correctional facilities. WorkSafe WA's action serves as a reminder to all employers, especially those in the building materials and other high-risk industries, that psychosocial hazards must be addressed with the same persistence as physical risks.
The upcoming hearing in Bunbury Magistrates Court on November 7 will be a critical moment for both the Department of Justice and the broader conversation about workplace safety. WorkSafe WA has also encouraged duty holders to utilize the WA WHS Codes of Practice, specifically focusing on psychosocial hazards and workplace behaviour, to guide their efforts in creating a safer working environment.
This case underscores the vital role of Health and Safety Representatives (HSRs) in advocating for safer work environments. HSRs are urged to actively engage with these issues, ensuring that psychosocial risks are not dismissed in safety discussions. This is a timely reminder for all organisations to reflect on their safety management systems and practices and to prioritize the mental well-being of their workforce.
