SPEAKER_00 0:05

Shift work can be brutal, but it doesn't have to be. Welcome to a healthy shift. My name is Roger Sutherland, certified nutritionist, veteran law enforcement officer, and 24-7 shift worker for almost four decades. Through this podcast, I aim to educate shift workers using evidence-based methods to not only survive the rigors of shift work, but thrive. My goal is to empower shift workers to improve their health and well-being so they have more energy to do the things they love. Enjoy today's show. And welcome back to another episode of a healthy shift podcast. My name's Roger Sutherland. I am welcoming you. You are more than welcome. Most welcome to this episode of the podcast. Today is a really important one. I say this at the start of every episode because I feel that they are all important. But recently I had my attention drawn to an updated regulation in the Occupational Health and Safety Act. And what I want to do is I want to flag that. I want to talk about it so that people are aware of it. Now, I do want to apologize to our overseas listeners to this because I have a lot of listeners that listen in the USA and also listen in the UK. Um, this is specific to Victoria, which is our state here, um, because the regulation is in the Ochealth

Why This Change Matters

SPEAKER_00 1:41

and Safety Act of 2004, which is a Victorian statute. However, there is also a Australian uh vic for some reason, in typical form, Victoria have gone different to the rest of Australia. But there is the Health and Well-being Act, which is also in different states. I ask that if you are listening to this and you are interstate, I'm going to put a disclaimer on this, that I think it's really important that you follow up with what has been legislated and put in in your own state. But if you're in Victoria, strap yourself in because this is really important. Like really important. And if you are a leader or a manager, then you have obligations here, which you need to be well and truly aware of. Why? Because it's the law, right? So if you work shifts in Victoria, this episode's going to really matter to you. On the 1st

What The New Regulations Cover

SPEAKER_00 2:39

of December 2025, psychological health has been formally regulated under the Ochealth and Safety, which is the Psychological Health Regulations 2025. Now, this sits underneath the Ochealth and Safety Act of 2004. I want to be clear on this. This is not guidance, it's the law, right? It's a regulation, which means that workplaces must abide by it. It's law. So today I want to break down what that actually means, what your employer is now legally required to do, how this applies in a real shift-working environment like policing, healthcare, corrections, emergency services, transport or heavy industry. And I also want to cover what you can do if your workplace is not actually meeting its obligations. Strap in. I want you to pay attention to this one and start taking notes or spreading it around. It's really important. First of all, let's start with what's actually changed. And let's get clear on something. Psychological health has always been included in the definition of health under the act. That has not changed. But these new regulations now spell out exactly what employees, employers must do in relation to psychosocial hazards. Now that word matters because a psychosocial hazard in any is any factor in work design, systems of work, management of work, the way work is carried out, or workplace interactions. Let's repeat that. This can cause a negative psychological response that creates a risk to health or safety. Now that includes things like you ready? Exposure to traumatic events, aggression or violence, bullying, low job control, high job demands, poor organizational change management, low support, remote or isolated work. Now let's think about shift work environments, exposure to trauma, high cognitive demand at 3 a.m. staff shortages, double shifts, mandatory overtime, doing paperwork after night shift or going to court after night shift, poor sleep opportunity, constant roster changes, swing shifts, quick changeovers. These are not lifestyle issues. These are actually what are now defined as psychosocial hazards. And they must be identified and controlled. So what are the core legal duties? Well, under the regulations, employers must, so far as reasonably practicable, identify a psychosocial hazard. And then they must eliminate the risks associated with them. And then if the elimination is not reasonably practicable, they must reduce the risk as far as reasonably practicable. Now that phrase,

Defining Psychosocial Hazards

SPEAKER_00 5:59

reasonably practicable, is legal language. It means what a reasonable person in that person would do, considering the likelihood of harm, the degree of harm, what is known about the risk, the availability of ways to eliminate or reduce it. And let's be clear, very clear. This is not optional. And here is a critical point for you, shift workers. Employers cannot rely mainly on training, information, or telling workers to be more resilient. The regulations are clear. Control measures must first look at a work design, B systems of work, C management structures, D work environment. Now training is useful, but it can't be the primary control if higher-level system changes are reasonably practicable. So if your workplace responds to chronic fatigue risk by offering a mindfulness session, that does not meet the intent of the law. Shift work and psychosocial hazards. Let's apply this directly to shift work. Fatigue from rotating rosters, chronic circadian disruption, high consequent decision making overnight, reduced supervision on night shift, isolation in remote posts, repeated exposure to trauma. These create a cumulative load. And the cumulative load creates risk. And under the regulations, employers must proactively identify these hazards. Now what that means is they cannot wait for someone to burn out or develop a psychological injury. They have to assess the risk in advance. For example, is the roster design creating predictable sleep restriction? Are workers consistently exceeding safe fatigue thresholds? Is there adequate recovery time between shifts? Are high trauma roles rotated appropriately? Is there proper debriefing after critical incidents? If the answer is no, that is a hazard. Control of risk, what does it look like? If a psychosocial hazard is identified, the employer must eliminate it where possible. Now, if not possible, they must reduce the risk. In shift work, this could mean you must redesign rosters to reduce a rapid rotation. Give it more thought. Limiting consecutive night shifts. Increasing staffing levels, adjusting workload expectations overnight, improving lighting and rest facilities, changing reporting timelines that force court prep after night duty. Do you notice what all of these have in

Real Risks In Shift Work

SPEAKER_00 8:59

common? Every one of those is a system change. It's not a mindset change. So you can't be told, oh, you've got to suck it up. Well, this is how it's always been. Because what a lot of supervisors suffer from is operational amnesia. They forget what that was like. Now, this is another key selection in key section in the regulations. Because employees must continually review and if necessary, revise control measures. Before changes to systems of work, that may increase risk. If new information becomes available, if a psychological injury is reported after a relevant incident, if controls are not adequately managing the risk, or if a health and safety representative requests a review. If your health and safety rep requests a review on reasonable grounds, they must review. And what are the consultation requirements? Well, the act already requires consultation, but these regulations actually reinforce that. If employees are represented by a health and safety representative, then the employer must a provide them with the same information that's been given to the employees, B provide it in advance where reasonably practicable. C invite them to meet. D allow them to express their views. And E. take those views into account. Now this is not a symbolic consultation. It's got to be meaningful. So what can employees do? So let's talk about you. Because if you're a shift worker and you believe that psychosocial hazards are not being managed, you can take action. You can report a psychosocial hazard. You can report it to your health and safety rep. And if you don't have one, you can report it directly to your employer. You can actually request a review of risk control measures. And if an issue arises, there is a formal issue resolution process. The employer must meet with the relevant parties as soon as reasonably possible and attempt to resolve it. And if agreement is reached and someone requests in writing, the employer must document the issue and how it was resolved. Now this puts structure around conversation. You are not complaining. What you are doing is you're actually invoking

Legal Duties And “Reasonably Practicable”

SPEAKER_00 11:51

a legal framework. You are supported by law, supported by regulation, supported by the act. And this extends to independent contractors as well, not just direct employers. So what does this mean for shift work culture? Well, for decades, shift workers have normalized fatigue and psychological strain. You signed up for it. No, that's the job. Nah, everyone's tired, mate. This is how it's always been. Well, that culture is now in direct tension with the regulations. Because if a foreseeable psychosocial hazard exists and it's not managed, that is not toughness. It's actually a compliance issue. And this does not mean that every stressful job is unlawful. It means foreseeable risk must be managed as far as reasonably practicable. And in high-demand shift environments, the foreseeable risk is clear. So keep this in mind. You can easily get a copy of the act, you can easily get a copy of the regulations and have a read for yourself. So in closing, it's impactful, it's huge, and it's gonna ruffle feathers. And I know because I know how it works. You stick your head up and you raise this, and you will be the one that'll be bullied. And therein lies another breach of the regulation. If you work shifts in Victoria, you need to understand this. Psychological health is regulated, work design matters. Roster design matters, fatigue management matters. Exposure to trauma matters. And your employer has a legal duty to identify and control those risks. So here is the question Is your workplace aware of these regulations? And if they are, are they actively complying with them? Because if they're not, they need to be. And do you know why? Because it's the law. And for shift workers, this could be one of the most important changes in occupational health in decades. So I want you, please, to share this episode with your colleagues. And if you can, share it with your management because it's important. Because this only works if people know their rights and their obligations.

System Changes Over Training

SPEAKER_00 14:30

Thank you for listening. If you enjoyed this episode, be sure to subscribe so you get notified whenever a new episode is released. It would also be ever so helpful if you could leave a rating and review on the app you're currently listening on. If you want to know more about me or work with me, you can go to ahealthyshift.com. I'll catch you on the next one.