What’s it going to take? Lessons learned from COVID-19 and worker mental health in the Australian construction industry

Abstract In Australia, rates of suicide and poor mental health among construction workers were high before the COVID-19 pandemic. “Lock downs”, “restrictions”, “social distancing” and legislative changes responding to the pandemic have likely exacerbated the working conditions that foster poor mental health. This study analyses the way in which workplace health and safety (WHS) is regulated in Australia against the backdrop of existing research relating to the development of Australia’s WHS laws, and the state of mental health of those working in Australia’s construction industry. This study was conducted using a doctrinal research methodology and utilising legal theory. This study assesses the capacity of the Australian WHS regulatory system to protect construction workers’ mental health by examining and interpreting key provisions in Australia’s WHS laws. It then uses a regulatory theory, responsive regulation, to explain the inconsistency between the capacity of those laws to safeguard mental health and the very poor state of mental health of Australia’s construction workers. The conclusion reached is that there is scope to improve current WHS laws to better protect construction workers’ mental health. A recommendation is made, that current WHS laws are changed to prescribe minimum standards of worker mental health, and mandate control measures to minimise and/or eliminate psychosocial risks. It is submitted that these changes in the law will contribute to a changed culture in Australia’s construction sector, which is supportive of mentally healthy workplaces and workers.