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Psychosocial Risk Management – Legislative Alignment

Identify Hazards

Legislation:
  • Model WHS Regulations (Reg 55A, 2022 amendment) – PCBUs must identify reasonably foreseeable psychosocial hazards.
  • NSW WHS Reg (2022, cl.55A) – mirrors the model requirement.
  • Victoria OHS Amendment (Psychological Health) Regulations 2025 – employers must identify psychosocial hazards proactively, not just after harm occurs.
Examples:
  • Use validated surveys (e.g. People at Work, COPSOQ-III).
  • Analyse HR data (turnover, complaints, absenteeism).
  • Review incidents of bullying, harassment, fatigue.

Assess Risks

Legislation:
  • Model WHS Regulations Reg 55B – must assess psychosocial risks considering frequency, duration, severity, and combined effect of hazards.
  • NSW / QLD / WA / TAS / NT – all states that have adopted the model regs apply the same requirement.
  • Victoria 2025 – will require structured risk assessment and documented evidence where hazards are present.
Examples:
  • Call centre: Assess risk of high call volumes + low job control → rated “high risk.”
  • Hospital: Assess exposure to patient aggression → “critical risk.”

Control Risks

Legislation:
  • Model WHS Regulations Reg 55C – eliminate psychosocial risks where practicable, otherwise minimise using suitable controls.
  • NSW Code of Practice (2021) – provides practical examples of controls.
  • Victoria 2025 – requires prevention plans for high-risk hazards (e.g. bullying, sexual harassment).
Examples:
  • Redesign work schedules to reduce excessive hours.
  • Introduce policies: “zero tolerance” for bullying.
  • Provide supervision and training to address fatigue.

Consult and Communicate

Legislation:
  • WHS Act (s.47–49) – duty to consult with workers and Health and Safety Representatives.
  • NSW, QLD, WA, TAS, NT – identical under harmonised WHS laws.
  • Victoria OHS Act 2004 (s.35) – duty to consult employees on health and safety matters.
Examples:
  • Joint worker–management workshops on roster changes.
  • Feedback surveys to test effectiveness of controls.

Monitor and Review

Legislation:
  • Model WHS Regulations Reg 55D – PCBUs must maintain, monitor, and review control measures to ensure effectiveness.
  • NSW Reg (2022) – requires regular review of psychosocial risk controls.
  • Victoria 2025 – requires employers to periodically review control measures, especially if incidents occur.
Examples:
  • Quarterly pulse surveys on stress levels.
  • HR tracking: Has absenteeism or complaints dropped since changes?

Support Recovery

Legislation:
  • WHS Act (s.19 PCBU duty of care) – ensure health and safety, including psychological health. This extends to supporting recovery.
  • NSW Code of Practice – guidance on safe return-to-work for workers with psychosocial injury.
  • Victoria 2025 – aligns with WorkSafe requirements for return-to-work and psychological support.
Examples:
  • Gradual return to work after stress leave.
  • Provide access to Employee Assistance Program (EAP).
  • Flexible duties for recovering workers.

Embed into Culture

Legislation:
  • ISO 45003 (guidance standard) – not law, but recognised best practice to integrate psychosocial risk management into WHS systems.
  • NSW Mentally Healthy Workplaces Strategy 2024–26 – encourages cultural change.
  • Victoria 2025 – will require systematic documentation of psychosocial risk prevention.
Examples:
  • Set leadership KPIs for psychological safety.
  • Include psychosocial risk awareness in onboarding.
  • Publicly commit to “mentally healthy workplace” standards.

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