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    What Happens When a Complaint Is Made?

    Understanding the process, what inspectors look for, and how to respond effectively.

    Written by Christian Ratten, Workplace Psychologist

    Why This Matters

    Understanding the Unknown

    Most business leaders fear complaints about psychosocial hazards. There's uncertainty about what happens next, what inspectors will find, and what the consequences might be.

    The information below aims to demystify the process. Understanding what actually happens and what inspectors are looking for helps you respond appropriately and reduces anxiety about the unknown.

    The key insight: Complaints aren't the problem. Unmanaged risks are the problem. If you've been managing psychosocial risks properly, a complaint becomes an opportunity to demonstrate that.

    Sources

    How Complaints Arise

    Complaints about psychosocial hazards can come from several sources

    Workers or Former Workers

    • Current employees raising concerns about workload, bullying, harassment, or conditions
    • Former employees making complaints after leaving
    • Workers' representatives (unions, HSRs) raising systemic issues

    Third Parties

    • Family members of workers (especially in FIFO or high-stress roles)
    • Professional bodies or advocacy groups
    • Anonymous tip-offs

    During Inspections

    • Issues identified during routine site inspections
    • Information emerging during incident investigations
    • Patterns noticed across multiple workplaces

    Post-Incident

    Following a psychological injury claim
    After a serious incident or fatality
    When workers' compensation data shows a pattern
    Prioritisation

    What Triggers an Investigation

    Not all complaints result in investigations. Regulators prioritise based on:

    Severity of Alleged Harm

    • Allegations of serious psychological injury
    • Suicide or suicide attempts
    • Widespread issues affecting multiple workers

    Nature of the Hazard

    • Bullying, harassment, or discrimination
    • Excessive working hours or fatigue
    • Unsafe working arrangements
    • Systemic issues (not isolated incidents)

    Industry or Workplace Risk Profile

    • High-risk industries (construction, mining, healthcare)
    • Workplaces with previous issues
    • Situations where vulnerable workers are affected

    Credibility and Detail of the Complaint

    • Specific, detailed complaints with evidence
    • Multiple complaints about the same issue
    • Complaints corroborated by data (claims, turnover, incidents)
    The Process

    What Typically Happens

    Note: Investigation processes vary between jurisdictions and depend on the nature of the complaint. What follows is a general overview based on typical WHS inspection processes. For specific information about your jurisdiction, contact your local regulator.

    1

    Initial Contact

    The regulator will usually contact you (by phone or email) to:

    • Notify you that a complaint or concern has been raised
    • Request information or documentation
    • Schedule a site visit if appropriate

    Timeline: This often occurs within days to weeks of the complaint being made, but varies depending on the severity and the regulator's workload.

    2

    Information Gathering

    The inspector may review:

    • Your risk assessments and management plans
    • Policies (bullying, harassment, fatigue management, etc.)
    • Records of consultation with workers
    • Training records
    • Incident reports and investigation outcomes
    • Workers' compensation data
    • Any evidence provided by the complainant

    This review may occur before, during, or after a site visit, depending on the investigation approach.

    3

    Site Visit (If Conducted)

    If the regulator conducts a site visit, they may:

    • Observe conditions and work practices
    • Speak with workers (often confidentially)
    • Interview supervisors and managers
    • Review documentation and records
    • Assess whether controls are actually implemented and working

    What they're generally looking for:

    • • Evidence that psychosocial hazards have been identified
    • • Risk assessments that address psychosocial risks
    • • Controls that target hazards at their source (not just training or policies)
    • • Evidence of consultation with workers
    • • Monitoring and review processes
    4

    Findings and Response

    After investigating, the regulator may take various actions depending on what they find:

    Timeline: Outcomes can range from immediate decisions (such as on-site notices) to investigations taking weeks or months for complex matters.

    Important: The specific process, powers, and approaches vary between state and territory regulators. This overview should not be taken as definitive guidance for any particular jurisdiction.

    Inspector Focus

    The Key Questions They Could Ask

    Inspectors aren't looking for perfection. They're looking for evidence that you're meeting your legal duties.

    Have you identified psychosocial hazards?

    • Can you show you've systematically identified which hazards are present?
    • Have you consulted workers about what's causing stress or harm?
    • Do your risk assessments include psychosocial hazards?

    Have you assessed the risks?

    • Have you determined which hazards create the greatest risk?
    • Do you understand how hazards interact or compound?
    • Have you prioritized your response?

    Have you implemented controls?

    • What controls are in place?
    • Do controls target the hazard at its source (work design, systems, management)?
    • Or are you just offering training and EAPs (least effective controls)?

    Are controls actually working?

    • How do you know controls are effective?
    • Are you monitoring and reviewing them?
    • What do workers say—have things improved?

    Specific Focus Areas:

    • Working hours and fatigue (especially in construction/mining)
    • Supervision and support availability
    • How complaints are handled
    • Consultation with workers
    • Bullying, harassment, or discrimination allegations
    • Whether previous issues were addressed
    Response Matters

    Responses That Help vs Hurt

    What Makes Things Worse

    Denying there's a problem

    • • "We don't have psychosocial hazards here"
    • • "Our workers are fine"
    • • Dismissing the complaint without investigation

    Blaming the worker

    • • "They're just not resilient enough"
    • • "It's a mental health issue, not a work issue"
    • • "They should have spoken up sooner"

    Having nothing to show

    • • No evidence of risk identification or assessment
    • • No documentation of what you've done
    • • Relying entirely on "we just handle things informally"

    Only offering EAPs or training

    • • No changes to work design, workload, rosters, or support
    • • "We have an EAP" as your only response
    • • Resilience training instead of addressing hazards

    Retaliating against the complainant

    • • Treating the complaint as disloyalty
    • • Making the complainant's work life difficult
    • • Dismissing or isolating them

    Not taking it seriously

    • • Delayed or inadequate response
    • • No follow-up or review
    • • Continuing business as usual without changes

    What Makes Things Better

    Taking it seriously

    • • Treating the complaint as important, not an attack
    • • Responding promptly and professionally
    • • Investigating thoroughly

    Having systems in place

    • • Risk assessments that include psychosocial hazards
    • • Evidence of consultation with workers
    • • Controls that target work design, not just worker coping
    • • Monitoring and review processes

    Being able to show your work

    • • Documentation of hazard identification
    • • Records of what controls you've implemented
    • • Evidence that you've reviewed effectiveness
    • • Consultation records

    Actually addressing the issue

    • • Making real changes to work design, systems, or management
    • • Not just offering support to workers to cope
    • • Following up to ensure changes are working

    Protecting the complainant

    • • Treating complaints confidentially
    • • Ensuring no retaliation or victimization
    • • Separating parties if needed during investigation

    Being honest about gaps

    • • Acknowledging where improvements are needed
    • • Having a plan to address gaps
    • • Demonstrating commitment to fixing issues
    Next Steps

    What Often Happens Next

    If you receive an improvement notice:

    • Comply with the specific actions required
    • Meet the deadlines specified
    • Document what you've done
    • Report back to the regulator as required
    • Failure to comply can lead to prosecution

    If you receive compliance advice:

    • Implement the recommended improvements
    • Document what you've done
    • Be prepared for follow-up contact

    If no action is taken:

    • Don't assume you're fine—review whether improvements are still needed
    • Consider whether the complaint revealed issues worth addressing anyway
    • Use it as an opportunity to strengthen systems

    Ongoing obligations:

    • Continue managing psychosocial risks (this isn't a one-off)
    • Review and update controls regularly
    • Monitor whether things are improving
    • Consult workers about whether changes are working
    The Bigger Picture

    Why This Matters

    Complaints about psychosocial hazards are increasing. Regulators are actively enforcing these requirements. And the consequences of not managing these risks—both legal and operational—are significant.

    But here's the important part: if you're proactively managing psychosocial risks, a complaint is manageable. You'll have evidence of what you've done, systems in place, and a track record of taking it seriously.

    The businesses that struggle are those caught off-guard—who've done nothing, or who've only offered superficial responses like EAPs or resilience training.

    The best way to respond to a complaint is to not wait for one. Start identifying and managing psychosocial risks now.

    Summary

    What You Need to Remember

    1

    Complaints trigger investigations, not automatic penalties. If you've been managing risks, you can demonstrate that.

    2

    Inspectors look for evidence of risk management—identification, assessment, controls, review. Not perfection.

    3

    The worst response is denial or inaction. Taking it seriously and addressing issues prevents escalation.

    4

    Controls must target work design and systems, not just worker coping. EAPs alone won't satisfy regulators.

    5

    Documentation matters. If you can't show what you've done, inspectors may assume you haven't done it.

    6

    Proactive management is the best defense. Don't wait for a complaint to start managing psychosocial risks.

    When to Get Help

    If You Receive a Complaint or Notice

    If you've received a complaint, improvement notice, or regulator contact about psychosocial hazards, getting advice can help you respond appropriately, demonstrate compliance, and fix the underlying issue.

    Respond Appropriately

    Understand what the regulator actually wants and avoid escalating the situation

    Demonstrate Compliance

    Show you're taking it seriously and provide evidence in the format they expect

    Fix the Issue

    Identify what actually needs to change and prevent recurrence

    A confidential conversation can clarify:

    • • What you need to do
    • • What timeline is realistic
    • • Whether your planned response is adequate
    Let's Talk