When you might need one
- a complaint or report of bullying or harassment, including sexual harassment
- work-related violence or aggression, from a colleague, customer, client or member of the public
- a worker's psychological injury or workers compensation claim that points to the work
- a cluster of complaints, sick leave or resignations in one team, or a pattern in your survey or exit data
- conflict in a team that has not been resolved and is now causing harm
- a traumatic event at work, and how it was responded to
- poorly managed change, high workload or unclear roles that workers say is harming them
- a SafeWork notice, inspector visit or HSR concern about psychosocial risk
Not every concern needs a formal investigation. Some are better handled by early resolution, a facilitated conversation or a change to the work. We will tell you honestly which fits.
Why psychosocial events need a different investigation
A psychosocial event is investigated with the same discipline as any other WHS incident, but it is not the same as investigating a fall or a vehicle collision.
- The people involved are often the evidence, and they may still be working together. Safety and support come first, during and after the investigation.
- Procedural fairness matters. Everyone involved, including the person a complaint is about, needs to know what is alleged, have a fair chance to respond, and have a decision made on the evidence.
- The cause is rarely one person. Workload, rostering, role clarity, supervision, how complaints were handled earlier and how the work is designed all shape what happens. An investigation that stops at "who did what" misses the controls that failed.
- Confidentiality is harder, and a poorly run investigation can cause more harm than the original event.
How we investigate
- Scope and safety. We agree the terms of reference with you, and check that interim measures and support are in place for everyone involved.
- Plan. We decide who to interview, what records to review and the timeline, and explain the process to the parties.
- Gather the evidence. Interviews with the person who raised the concern, the person it is about and witnesses, each with the option of a support person, plus documents, messages, rosters, previous complaints and other records.
- Respond. The person a complaint is about is given the allegations and the relevant evidence, and a fair chance to respond.
- Analyse. We make findings on the allegations on the balance of probabilities, and look at the work factors that contributed: the psychosocial hazards, the controls that were in place, and the ones that failed or were missing.
- Report. A clear written report with findings and recommendations. Recommendations follow the hierarchy of controls, so they change the work, not just send someone to training.
- Close out. We can help you communicate the outcome, put the controls in place and check they work.
The decision about what action to take, including any disciplinary action, stays with you. We give you the evidence and findings to make that decision fairly.
What you get
- an independent investigator, outside your reporting lines
- a trauma-informed, procedurally fair process
- confidential interviews, on site or by video, across Dubbo, the Orana region and regional NSW
- a written report with findings, contributing factors and practical controls
- recommendations you can link to your psychosocial risk register and WHS management system
- optional follow-up: a review of your complaints procedure, training for your leaders, or a check that the controls are working
Your duties
Under WHS laws, a person conducting a business or undertaking must eliminate or minimise psychosocial risks so far as is reasonably practicable. The WHS Regulations and the Code of Practice: Managing psychosocial hazards at work set out how, and in NSW approved codes of practice are now binding (more on that change). Employers also have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment.
Responding well when something goes wrong is part of meeting those duties. Inspectors look at how reports were handled and what changed afterwards (what SafeWork NSW inspectors check).
This page is general information, not legal advice. If an event may lead to legal proceedings, get legal advice early, as it can affect how the investigation should be set up.
Physical safety incidents
For investigations of physical safety incidents, and for ICAM investigation training, see incident investigation.
Read more
Find the System Failure: Investigating Psychosocial Harm, book 4 in our Psychosocial Risk Series, sets out the thinking behind our approach. We investigate using our own PRRR Investigation Method™, which we also teach. Available on Amazon.
