Health and medical

Workplaces play a vital role in supporting the physical and mental wellbeing of workers. A safe and inclusive environment benefits everyone.

Managing injured and ill workers

In Queensland, it is unlawful to treat a worker less favourably because of a physical or mental illness or condition, or to unreasonably require a worker to do something that disadvantages them because of their illness or condition. There are limited exceptions. This applies during recruitment, work, and decisions about a worker’s ongoing role. Employers must comply with the Anti-Discrimination Act 1991 when managing incapacity in the workplace.

Key considerations for managing incapacity

Clear and open communication is essential when a worker is unable to perform their job due to illness or injury.

Steps to consider include:

Obtaining a relevant medical report to assess the impact of the condition on the worker’s ability to perform their duties.
For some occupations (for example, public servants, lawyers, health practitioners), specific laws allow employers or regulators to require a medical examination. For other roles, mutual agreement between the employer and worker is preferable.
Ensuring that any medical assessment (at recruitment or during employment) relates specifically to the essential requirements of the position. Generic medical examinations are typically not appropriate.

Employers must avoid treating workers unfairly due to physical or mental ill-health.

Reasonable adjustments

Employers should explore whether adjustments can help a worker perform their job, such as:

physical adjustments – providing aids or modifying the work environment
flexible hours – adjusting working hours or incorporating breaks
revised duties – modifying the tasks required of the job.

Adjustments should be made unless they would cause unjustifiable hardship for the employer.

Unjustifiable hardship

Determining whether an adjustment causes unjustifiable hardship depends on factors such as the:

nature and cost of the adjustment or services required
financial circumstances of the employer
impact on other workers or workplace operations.

Genuine occupational requirements

Managing incapacity may involve identifying the genuine occupational requirements of the position. These are the things that are essential to the performance of the position in the context of the employer’s business or undertaking.

Employers should:

Differentiate between the requirement itself and how the task is performed (for example, a vision requirement might be met with glasses or contact lenses).
Use facts, not assumptions, to determine whether a requirement is essential.

Special terms for employment

If a worker has a restricted capacity to do work genuinely and reasonably required for the position or requires special conditions to be able to do the work, the employer may fix reasonable terms for that worker.

For example, the employer might restrict the duties the worker can perform or limit the number of hours to be worked. Any special terms must be reasonable, taking into consideration the nature of the incapacity and the work that the position entails.

Workplace health and safety

Employers have a responsibility to protect workers from unreasonable risks. Actions taken to safeguard health and safety must:

address an unacceptable risk
be reasonable and proportionate to the risk.

Employers should investigate potential risks and take appropriate actions without relying solely on internal policies or guidelines.

Public service employees

Under the Public Sector Act 2022,the Queensland Government has specific powers where an employee is not performing their duties satisfactorily because of mental or physical incapacity. This includes requiring medical examinations and making decisions about redeployment or retirement. However, decisions about redeployment or retirement must align with obligations under the Anti-Discrimination Act 1991 and the Human Rights Act 2019.

For more information, read the Public Service Commission Directive on Independent medical examinations.

Mentally healthy workplaces

Mental illness can affect any workplace, with almost one in two Australians experiencing mental illness in their lifetime. Employers and workplaces play a critical role in supporting the health and wellbeing of their staff, as well as fostering recovery for workers experiencing mental health problems.

What is mental health?

The World Health Organisation (WHO) defines mental health as a state of wellbeing in which individuals:

realise their own potential
cope with the normal stresses of life
work productively and contribute to their community.

What is a mentally healthy workplace?

A mentally healthy workplace promotes mental wellbeing by:

identifying and managing risks to mental health
fostering a culture of inclusion and respect
addressing behaviours that negatively impact mental health, such as discrimination.

Creating mentally healthy workplaces

Employers can take steps to create a workplace that supports mental wellbeing and prevents mental health issues.

Start by asking:

What does it mean to be mentally healthy?

What policies and resources promote mental wellbeing in our workplace?

How do we identify and manage risks to mental health?

What could we do better to foster a supportive environment?

Practical actions to consider:

Review and update policies on discrimination, health and wellbeing.

Assess the effectiveness of current mental health initiatives.

Train mental health first aid officers, if appropriate for your workplace.

Accommodating workers with mental illness

Employers should consider reasonable adjustments to support workers with mental illness, such as:

providing physical aids or modifying the work environment
adjusting duties or working hours
allowing for additional breaks.

Adjustments should accommodate the worker’s needs unless they impose unjustifiable hardship on the employer.

Disclosures about mental health from workers

Workers should disclose medical conditions that prevent them from performing the essential requirements of their position. Employers should:

work with workers to provide adjustments or equipment to support their position
ensure recruitment processes comply with the Workers' Compensation and Rehabilitation Act 2003, which allows employers to request disclosures about pre-existing conditions in limited circumstances.

Conversations about mental health can be sensitive. Employers should create an environment where workers feel supported to discuss their needs.

Resources and support

Guidelines and practical tools

Public Service Commission Directive on Independent medical examinations: Provides the process and requirements for making decisions about medical examinations.

Workers with Mental Illness: A Practical Guide for Managers (PDF, 1.5MB) (Australian Human Rights Commission, 2010): This guide helps managers support workers with mental illness and develop safe, healthy workplaces while meeting legal obligations under occupational health and safety (OHS) and disability discrimination legislation.

Research and evidence-based resources

Creating a Mentally Healthy Workplace: Return on Investment Analysis (PDF, 667.7KB) (PwC, 2014): Outlines the economic benefits of investing in mentally healthy workplaces, presenting evidence for workplace mental health initiatives.

State of Workplace Mental Health in Australia (PDF, 737.9 KB) (TNS Social Research, 2014): Offers a snapshot of mental health challenges faced by Australian employees and the importance of creating supportive workplaces.

Developing a Mentally Healthy Workplace: A Review of the Research (summary) (PDF, 1.3 MB) (UNSW & Black Dog Institute, 2014): Provides a summary of evidence-based strategies for fostering mentally healthy workplaces, identifying six key success factors and a five-step process to implement them.

Developing a Mentally Healthy Workplace: A Review of the Research (full report) (PDF, 1.3 MB) (UNSW & Black Dog Institute, 2014): A comprehensive review of research into workplace mental health, offering detailed analysis and practical advice for businesses.

Case studies

Case studies provide real-world examples of managing worker health and well-being in the workplace. Each case is unique, and decisions should be based on the specific facts and circumstances of each situation.

Injured and ill workers

Pre-employment medical assessments: Withdrawing a job offer based on a history of back pain disclosed in a pre-employment medical was ruled unlawful when the applicant could safely perform the duties of an occupational nurse at a mine site. (Gehrig v McArthur River Mining Pty Ltd [1996] NTADComm 4.)

Reasonable adjustments: A business development manager with a long-term shoulder injury was unlawfully denied a job when minor adjustments could have been made to avoid physically demanding work. (Fair Work Ombudsman – enforceable undertaking by James Hardie Australia Pty Ltd.)
Mentally healthy workplaces

Managing mental health at work: An Australian Federal Police officer was unable to meet professional standards or follow reasonable directions due to a personality disorder caused by a head injury. It was deemed lawful to terminate the officer’s employment as providing constant and intensive supervision would cause undue hardship. (Gibbons v Commonwealth of Australia [2010] FMCA 115)

Workplace safety and mental health: A worker who ignored medical restrictions on lifting due to a back injury was dismissed. The dismissal was lawful, as it was necessary to protect workplace health and safety. (Zhang v Blinds Pty Ltd [2010] NSWADT 91)
Genuine occupation requirements

Shift work for nurses: It was a genuine occupational requirement for a registered nurse to work night shifts in a public hospital that provided nursing care 24/7. (Chivers v State of Queensland [2014] QCA 141)

Seeing colours: Being able to see colours was a genuine occupation requirement of the position of a fire-fighter. (van der Kooij v Fire & Emergency Services of WA [2009] WASAT 221)