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Guide

Psychosocial Hazards

All business owners in Australia have a legal and moral duty to protect their employees. Protecting them from harm includes looking after their physical and mental well-being. Australian employers have a legal obligation to manage psychosocial hazards in the workplace. This involves identifying and assessing the risks, and then eliminating or minimising them as far as is reasonably practicable.   Mental health conditions account for an increasing number of serious workers’ compensation claims, and their impact on workplaces has grown in the recent years. In this guide for employers, we explain psychosocial hazards, their examples, their impact on your employees and business, and how to manage them effectively. Please note that all the information below is general in nature and if you need help, consult a professional. Understanding psychosocial hazards Psychosocial hazards are factors in the design or management of work that increase the risk of work-related stress. If left unaddressed, psychosocial hazards can lead to employees suffering psychological or physical harm.  Psychological harm may include anxiety, depression, post-traumatic stress disorder and sleep disorder while physical harm can include musculoskeletal injuries, chronic disease, and fatigue related injuries. Staff also have a duty to take care of themselves and reduce the impact of psychosocial hazards. Together, employers and employees can create a healthy and safe work environment.   Examples of psychosocial hazards Psychosocial hazards in the workplace can take many forms, with some being more obvious than others. They can include: Job demands: This includes the amount of work that is required, the deadlines that need to be met, and the level of responsibility that is involved. Low job control: This means that workers have little say in how they do their work or how their work is organised. Poor support: This includes a lack of support from supervisors, colleagues, or family and friends. Lack of clarity: This means that workers are not clear about what is expected of them in their role or what needs to be done when completing specific tasks. Poor change management: This includes a lack of planning and communication about organisational changes, which can lead to uncertainty and anxiety among workers. Inadequate reward and recognition: This means that workers do not feel that their work is valued or that they are being adequately rewarded for their efforts. Lack of organisational justice: This means that workers feel that they are being treated unfairly, such as when they are not given the same opportunities as their colleagues or when coworkers are not held accountable for their mistakes. Traumatic events or materials: This includes exposure to violence, accidents, or other traumatic events, as well as exposure to disturbing or upsetting materials. Remote or isolated work: Working from home can lead to feelings of isolation, loneliness, and social deprivation. Harmful behaviour: This includes bullying, harassment, and other forms of workplace violence. Industry specific psychosocial hazards Some industries are more likely to have certain psychosocial hazards than others. For example, the healthcare industry is more likely to have hazards related to violence and aggression, while the mining industry is more likely to have hazards related to isolation and fatigue.  Safe Work data has shown that the health care and social assistance industry had the highest number of serious claims for work-related mental health conditions than any other industry over the last five years. Violence and aggression from patients or their families, emotional demands of dealing with sick or injured people, shift work, and long hours are some of the issues that may impact the psychological and physical well-being of health-care workers. Being one of the largest employing industries in Australia, these numbers are a cause for concern for employers and policymakers. Employees in the public administration and safety industry were also exposed to bullying and harassment from students or colleagues, high workload, and unrealistic expectations. The public administration and safety industry includes people who provide protective services, investigation, security services, emergency services, fire protection, and correctional and detention services. 31.7% of employees in the public administration and safety industry have very high or high levels of psychological distress. We all read about the shortages of education professionals in Australia but the reasons behind it are psychological and physical. The education and training industry includes workers who are school and preschool teachers, technical college and university workers and a range of administrative and support workers. 32% of respondents in this industry have reported experiencing workplace bullying in the last six months. A further 60% of respondents said that teaching was affecting their wellbeing or mental health and they would consider leaving the profession. It is important for employers to be aware of the psychosocial hazards that are specific to their industry. This will help them to identify and manage these hazards effectively.  Impact on employees According to the Australian Bureau of Statistics (ABS) 42.9% of people aged 16085 had experienced a mental disorder at some time in their life. Mental health conditions lead to a significant financial and personal impact for businesses and employers. Psychosocial hazards can have dramatic effects on a worker’s health and well-being. They can lead to: Work-related stress: This is an emotional, cognitive, and physical response to excessive job demands and/or job-related stressors. It can manifest in a variety of ways, including anxiety, depression, fatigue, and physical symptoms such as headaches, stomach aches, and muscle tension. Mental health problems: Psychosocial hazards can increase the risk of developing mental health problems such as depression, anxiety, and post-traumatic stress disorder (PTSD). Physical health problems: Psychosocial hazards can also increase the risk of developing physical health problems such as heart disease, stroke, and diabetes.  Alcohol and substance abuse: People who are exposed to psychosocial hazards may be more likely to use alcohol or other substances as a coping mechanism for stress. Low productivity: Psychosocial hazards can lead to employee burnout, low morale and decreased productivity. Employees who are exposed to psychosocial hazards often demonstrate increased absenteeism levels, needing stress leave to recover. Workplace conflict: Psychosocial hazards can also contribute to conflict and dysfunctional workplace relationships. Impact on a business Beyond employees, psychosocial hazards can also impact a business in a range of ways, including: Increased safety risks: Psychosocial hazards can contribute to workplace accidents and injuries. This can lead to lost productivity, legal liability, and even fatalities. Reduced productivity: Workers who are experiencing psychosocial hazards are more likely to be absent from work, take sick leave, and have lower productivity when they are at work. This can lead to reduced productivity and revenue. Increased turnover: Workers who are experiencing psychosocial hazards are more likely to leave their jobs. This can lead to rising costs associated with recruiting and training new employees. Damage to reputation: A business that is known for having a toxic work environment can damage its reputation and make it more difficult to attract and retain top talent. Increased legal liability: Businesses that fail to adequately manage psychosocial hazards may be held liable for any resulting harm caused to employees. This could include financial penalties, as well as reputational damage. Managing psychosocial hazards  Employers have a legal obligation to manage psychosocial hazards in the workplace. This includes: Identifying hazard: The first step is to identify all the hazards in a workplace. Some will be industry-specific, some will apply to all staff, and others will apply only to employees working in certain roles. Assessing the risks: Every hazard presents a risk to employees. Next, employers should determine the likelihood of that risk being realised. This can be done by conducting a workplace risk assessment. Eliminating or minimising the risks: Once the risks have been assessed, employers need to take steps to eliminate or minimise them. This may involve changing the way work is organised, automating or removing certain tasks, providing training, or offering support services. Monitoring the risks: It is important to monitor the risks of psychosocial hazards on an ongoing basis to ensure that they are always being effectively managed. Providing information and training: Employers should provide workers with information about psychosocial hazards and how to manage them. This may include training for stress management, conflict resolution, and bullying prevention. Creating a supportive workplace: Employers should create a supportive workplace where workers feel valued and respected. This includes providing opportunities for participation in decision-making and ensuring that there is a culture of open communication. Legislation The legal repercussions of Australian employers not managing psychosocial hazards can be severe. Under the Work Health and Safety Act 2011 (WHS Act), employers have a duty to ensure the health and safety of their workers, including their mental health. This includes taking steps to identify and manage psychosocial hazards in the workplace.  If an employer fails to comply with their duty to manage psychosocial hazards, they may be liable for legal consequences, including: Civil penalties: The Australian Safety and Compliance Authority (ASCC) can issue civil penalties of up to $10 million for serious breaches of the WHS Act. Criminal charges: Employers can be charged with criminal offences under the WHS Act, such as recklessly causing serious injury or death. The maximum penalty for these offences is imprisonment for 20 years. Workers’ compensation claims: Workers who suffer injury or illness as a result of psychosocial hazards in the workplace may be able to claim workers’ compensation. Damages: Workers who suffer injury or illness because of poorly managed psychosocial hazards in the workplace may also be able to sue their employer for damages. Build a healthy workplace with Peninsula Understanding the impact of work on mental health can help you build healthy and productive workplaces. Peninsula has worked with thousands of businesses in Australia, supporting them to create positive, fair, and safe workplaces with our resources and tools. As a business owner, you have a responsibility to maintain a healthy and safe work environment. With constantly changing legislation and regulations, it can be difficult to keep up with your obligations. For free initial expert advice, call Peninsula. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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Fair Work Ombudsman vs. Fair Work Commission: Understanding the difference

In Australian workplace relations, two government bodies play an essential role in maintaining a fair and productive environment for business owners and employees. The Fair Work Ombudsman (FWO) and the Fair Work Commission (FWC). While they sound similar, they are two separate government organisations with very distinct, but equally important roles. What is the Fair Work Ombudsman (FWO)? The Fair Work Ombudsman is Australia's national workplace regulator. Its primary role is to provide information on the Fair Work Act 2009 (the Act) and modern awards, promote compliance with workplace laws and related employment legislation, the national minimum wage, and registered agreements. Another function of the FWO is to monitor compliance across industries. It has the power to conduct an audit, respond to complaints, and investigate any case of non-compliance. This enhances the FWO’s approach to creating a fair workplace. Workplace investigations may involve the FWO If a dispute occurs against your business and you and your employee are unable to resolve the situation, the FWO can act as a mediator. They can appoint a Fair Work Inspector to investigate an alleged breach of the Act. These inspectors have the authority to enforce action and compliance with Australia’s workplace laws. This can range from issuing a compliance notice to taking an employer to court for a breach. The FWO's focus is on educating the business owners and workers, ensuring employment rules are followed and rectifying non-compliance. What the Fair Work Ombudsman doesn’t do There are several types of disputes where FWO participation would not occur, inclluding: Deal with unfair dismissals and unlawful terminations. Change legislation, minimum wages, industry awards or registered agreements. Investigate bullying complaints. What is the Fair Work Commission (FWC)? The FWC is Australia’s national workplace relations tribunal. Its role is to act independently, helping to resolve disputes and setting the standard for Australia's workplaces. The FWC issues legally binding decisions via its tribunal process. The FWC help with disputes relating to: Workplace bullying and sexual harassment. Discrimination. The right to disconnect. Flexible working arrangements. Extending unpaid parental leave. The terms in an award, agreement, order or guideline. Employment status (casuals moving to permanent employment). Fixed term contracts. Unfair contracts. What the Fair Work Commission doesn't do Provide employees and employers with advice on award entitlements and/or entitlements acquired under a registered agreement. Enforce minimum pay and award entitlements. Minimum wage updates fall under the FWC An important function of the FWC, which can impact over two million employees, is to review and set the National Minimum Wage and modern award wages each year. This is the minimum pay and conditions for specific industries and occupations. The FWC also approves enterprise agreements. These are workplace-agreements negotiated between business owners, unions and your employees. Resolving workplace disputes in Australia For small business owners, the FWC plays a crucial role in dispute resolution. The Commission is the body that handles workplace claims. These could be for various reasons such as unfair dismissal, bullying and harassment, agreement disputes, or general protections disputes. If an employee believes they have been unfairly dismissed and lodge a claim, the FWC is the body that facilitates a tribunal hearing. The aim is to resolve the matter between you as the business owner and your employee. The FWC also has the power to issue orders to stop bullying or sexual harassment in the workplace. The key distinction in their functions: the FWO is the regulator and educator, focused on compliance and providing information, while the FWC is where tribunal hearings are conducted. They also focus on resolving disputes and making decisions. Protect your business While the FWO and FWC websites offer a range of helpful resources, they can be confusing. It’s often difficult to find the exact information you’re looking for as it relates to your business and current circumstances. This could lead to misinterpreting information and making an unintentional, yet costly, error. Peninsula helps small business owners with advice on minimum wages, penalty rates, allowances, and leave entitlements including annual leave, sick and carer’s leave, parental leave and long service leave. We can also help you better understand your obligations to potentially avoid penalties and wage theft issues. If you are a Peninsula client and are facing a claim by a former or current employee and need to appear before the FWC, you may be able to seek advice and representation from our highly experienced employment law team. Peninsula has an experienced team of experts available 24/7 to offer advice and guidance for your business. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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AI Challenges for Small Businesses

Artificial Intelligence is designed to solve business problems, but can quickly become the cause of them. If you are considering harnessing the power of AI in your business, read our shortlist of the AI challenges that you should watch out for in your small businesses. The latest generative AI solutions Artificial Intelligence is nothing new – the first AI program was written by Christopher Strachey at the University of Oxford in 1951. However, the world has recently been rediscovering the possibilities of AI following the release of ChatGPT on 30 November 2022. ChatGPT is what's known as generative artificial intelligence (generative AI). That is, using AI to create new content in seconds by responding to prompts. The content could be written, images, music, audio or video. Generative AI can be used to create an ‘about’ page, a corporate white paper, or even a tagline for a marketing campaign – the possibilities are endless. It's important to note the more detailed your prompt the more accurate the end result. In just a few short years the range of generative AI platforms has increased considerably with Google (Gemini) and Microsoft (copilot) growing in popularity. But they are far from the only options available. Depending on your specific needs there is a vast number of generative AI tools you can use. They are: Writing and editing tools Video creation tools Image creation and editing tools Voice and music creation tools Website builders Presentation apps to streamline creating presentation slides. And this is just the tip of the generative AI iceberg. The difference between AI and generative AI While it might sound strange, many businesses, including small businesses, have been using AI for some time. Known as non-generative AI, or discriminative AI, it's artificial intelligence focused on analysing and classifying existing data rather than creating new content like generative AI. This could be: Analysing company data. Producing business reports and forecast projections. Filtering job applications for HR. Calculating accounting figures. Personalising marketing campaigns. Debugging and fixing code. Providing customer service via chatbots. Responding to social media posts. The challenges of implementing AI AI technology remains experimental, and many companies who choose to use it are effectively acting as test-cases, discovering both its possibilities and flaws. Business leaders investing in AI systems should evaluate the risks and challenges that come with using innovative tech for business processes. Making roles redundant The biggest AI challenge for businesses is the ethical implication of reducing the need for human workers. Ideally, AI should enhance productivity and simplify jobs without making them redundant. Many businesses benefiting from digitalisation will intentionally deploy AI in a supporting role. Used in this way, AI can automate lower-level and repetitive tasks, freeing-up employees to perform more high-value work. Using AI tools can increase efficiency and allow employees to deliver projects faster. When generative AI creates new content, it is not yet at a stage where it can be used immediately. Generative AI creates the new content by pulling in information from existing content across the internet. All written content will still need to be reviewed, edited, and any statistics included verified and the source cited. This can still only be done by a human. The financial cost of AI for businesses The amount of money you invest in AI will be determined by the scope of your initiatives. If you are using AI to create written content or web graphics, the process will be quick and only cost a monthly subscription. However, if you plan to use AI to analyse your company data, this could easily be a significant investment. Businesses often need higher computing power, database integration, or even a lengthy process of data training. Data security in the age of AI While AI increases the amount of information you have to make critical business decisions, it also increases the risks of mishandling sensitive business and Personally Identifiable Information (PII). While businesses are using AI to enhance processes, cybercriminals are using it to create sophisticated malware and phishing scams. Ensuring customer data is properly secured is one of the biggest AI challenges for small businesses. Many businesses implement additional cybersecurity measures, such as multi-factor authentication or encryption to ensure they maintain strong data protection and governance. Lack of technical skills As a branch of machine learning and data science, AI is a specialised skill set that demands extensive knowledge and training. A routine change to your AI system might require a programmer to write neural network algorithms. This is every bit as complicated as it sounds. To maximise the benefits of AI in your business, you may need to outsource to external tech specialists or invest in training your existing IT staff. Either way, small businesses should carefully consider the ongoing costs involved. The importance of data quality The results of AI are only as good as the input data. In most businesses, data is siloed, disorganised or of low quality. Unreliable data poses a major obstacle for businesses looking to benefit from AI. The quality of data will have a direct influence on the performance, reliability and accuracy of your AI results. A key benefit of high-quality data is AIs ability to identify and correct inconsistencies in real time. Through Machine Learning (ML) and high-quality data it's possible for AI to detect anomalies and predict the possibility of future errors based on consistent past mistakes. AI utilise the dataset to fill in missing values-based information. So called “dirty data” can be outdated, inaccurate, incomplete, or inconsistent, and must be cleaned before it can be used. Most businesses contemplating large data-driven AI projects will start by evaluating the amount of work required to prepare their data sets. Inputting the wrong information results in getting the wrong information out. And that can be costly, especially if it relates to payroll and miscalculating wages. The future of Artificial Intelligence for small businesses There is always an opportunity for businesses to increase operational efficiency, and companies have a lot to gain from embracing AI. For small business owners, the cost is likely to be the biggest barrier keeping them from exploring the full potential of AI tools. However, with demand growing and the industry making rapid progress, AI is likely to be much more affordable. In the coming years, expect to see businesses of all sizes lean into the possibilities and benefits of AI. Please note that this is general information. Peninsula is not an IT specialist – you should consult an AI expert before implementing any changes in your business.