The Department of Defence has been convicted and fined over a psychological harm death. Photo: File.
CONTENT WARNING: This story refers to suicide.
Comcare has succeeded in penalising the Department of Defence over the psychosocial harm death of one of its workers.
In a groundbreaking case, Defence has been convicted and fined for failing to manage psychosocial risks relating to the death of a worker.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions on referral from Comcare and the result is the first penalty of its kind for a Commonwealth employer.
Defence pleaded guilty to a single charge under section 33 of the Commonwealth Work Health and Safety Act (WHS Act), admitting it did not take reasonably practicable measures to eliminate or minimise the health and safety risks to a Royal Australian Air Force (RAAF) technician.
The 34-year-old took his own life while on duty at RAAF Base Williamtown near Newcastle, NSW, on 28 July, 2020.
Never before has a Commonwealth employer been convicted of failing to manage psychosocial risks under federal work health and safety laws.
In the NSW Local Court on 19 December, Magistrate Brett Thomas convicted Defence and fined the department $188,000. The maximum penalty available to the court was $500,000 for a Category 3 criminal offence under the WHS Act.
Magistrate Thomas also made an adverse publicity order, with details to be determined.
Adverse publicity orders are available under section 236 of the WHS Act and can require an offender to publicise the offence, its consequences and the penalty imposed.
Defence breached its primary health and safety duty under section 19(1) of the WHS Act by failing to provide the necessary training for supervisors involved in the use of the department’s draft Work Plan procedure used as a performance management tool.
The worker displayed increasing signs of distress and ill-health during the performance management process.
Risk controls available to Defence included training supervisors to: understand how a work plan may be a psychosocial hazard; identify psychosocial risks associated with workers subject to performance management through work plans; and eliminate or minimise psychosocial risks arising from work plans.
Minimising psychosocial risks includes acting on when to refer a worker for medical assessment and knowing and acting on when to suspend the performance management process.
Comcare chief executive officer Colin Radford said the worker was subjected to four separate work plans over a six-month period.
“Comcare’s investigation found that at no point during this process did the worker’s supervisors refer him for support, place him on leave, or take any other steps to relieve the stress and pressure he clearly felt,” Mr Radford said.
“The risks were obvious and known to Defence through existing policies and guidelines. These policies can only ever mitigate risk if they are applied and followed in practice, and if they are supported by training those responsible for implementing them.
“The investigation found Defence knew the worker was not coping and that he was also experiencing personal issues.
“The serious and foreseeable risks required a proactive approach to work health and safety that the department failed to deliver.”
Psychosocial hazards are aspects of work that could result in psychological and physical harm.
They relate to the design or management of work; working environment; the plant at a workplace; and workplace interactions or behaviours.
Poor support and low job control are among the hazards identified in the Commonwealth Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024.
Amended Work Health and Safety Regulations prescribing how duty holders must identify and manage hazards and risks to workers’ psychological health and safety have been in effect in the Commonwealth jurisdiction since April 2023.
Comcare is the national work health and safety regulator and workers’ compensation authority.
The Defence Department’s website states its high priority for protecting its workforce.
“Through leadership and individual commitment, Defence aims to ensure no person will suffer a serious preventable work related injury or illness,” it states.
“The protection of our people is paramount. At times we require our people to operate in environments of extreme risk and hazard due to the nature of military operations.
“However, at all times we will manage risk to ensure that when risks are taken they are understood, accounted for, and integrated into our plans and the way we operate.
“The responsibility for work health and safety, both physical and mental, belongs to everyone.
“We will strive to make measurable improvement in our work health and safety performance through the implementation of the Defence Work Health and Safety Strategy.”
If this story has caused any issues for you, Lifeline help is available 24 hours and can be called on 13 11 14.
Original Article published by Chris Johnson on Region Canberra.
