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
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.
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
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)
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.
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.
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.
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
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.
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
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
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
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.
What You Need to Remember
Complaints trigger investigations, not automatic penalties. If you've been managing risks, you can demonstrate that.
Inspectors look for evidence of risk management—identification, assessment, controls, review. Not perfection.
The worst response is denial or inaction. Taking it seriously and addressing issues prevents escalation.
Controls must target work design and systems, not just worker coping. EAPs alone won't satisfy regulators.
Documentation matters. If you can't show what you've done, inspectors may assume you haven't done it.
Proactive management is the best defense. Don't wait for a complaint to start managing psychosocial risks.
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