Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:9:p1
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 9 (pt 1/36)
Character Range: 88789–91865

9                    Conducting WHS investigations

Any WHS investigations into reports of incidents involving psychosocial hazards should primarily aim to identify hazards or new or improved control measures.

Investigations must maintain appropriate privacy and confidentiality of all workers involved to the extent permitted by law. For example, do not discuss reports in public areas or with anyone not involved in the investigation. Ensuring confidentiality should not prevent the parties involved from seeking support.

Nature of investigation

The nature of your investigation should be proportional to the risks and suit the circumstances. When deciding the nature of an investigation consider the:

    -          level of risks involved
    -          complexity of the situation, and
    -          number of workers involved or affected.

A formal investigation may not always be the most effective option. For example, the best response to a single low-level incident may be immediate informal discussions with the workers involved and changes to the relevant control measures. The earlier problems can be identified and addressed, the less likely a formal and complex investigation will be required.

Small businesses may require assistance if a matter is complex or high risk. You can seek advice from the WHS regulator, your industry body or a WHS expert.

Selecting an investigator

It is important to find an investigator who has the confidence of all parties involved where possible. They should be impartial and have the skills and knowledge to identify psychosocial hazards, assess the risks and recommend appropriate controls.

An external investigator may be required if an impartial internal investigator is not available, for example where a matter involves a senior manager.

Balancing a fair and transparent process

The investigation should be fair, transparent and timely to ensure due process for both those who raised the issue and any workers who have had allegations made about them.

Throughout the investigation affected workers should be:

    -          informed of their rights and obligations during the process
    -          provided with the opportunity to respond to any allegations made against them
    -          provided with a copy of relevant policies and procedures
    -          kept informed about possible outcomes, timeframes, rights of appeal and reviews, and
    -          provided with adequate and fair support.

Concurrent investigations

Harmful behaviours, such as bullying and harassment can be inappropriate responses from workers exposed to other hazards, for example high job demands and poor support. Where these behaviours breach employment codes of conduct or professional standards you may require a separate investigation into these breaches as a disciplinary matter, as well as a systematic WHS investigation looking at any hazards present and ensuring they are controlled.
Where breaches of a code of conduct or professional standard are not proven there may still be an underlying WHS risk which needs