The Clock Is Ticking: What Victorian Businesses Must Know About the New Psychological Health Regulations

December 1 is just 2 weeks away. Here's what you can do now.

Victoria's Occupational Health and Safety (Psychological Health) Regulations 2025 represent a watershed moment in workplace safety. For the first time, psychological health carries the same legal weight as physical safety, with compliance mandatory from December 1, 2025.

This isn't just another box-ticking exercise. It's a fundamental shift in how businesses must protect their people.

The message is clear: psychosocial hazards must be systematically identified, assessed, and controlled. And the responsibility sits squarely with employers.

The 5 Non-Negotiables: What Victorian Businesses Must Prioritise Now

1. Systematic Identification of Psychosocial Hazards: No More Guesswork

The regulations don't ask if you think psychosocial hazards exist in your workplace. They require you to proactively identify them.

What this means in practice:

• Conduct comprehensive workplace assessments that examine work design, systems of work, management practices, and workplace interactions
• Recognise the 14 key hazard categories including high job demands, low job control, bullying, violence, poor support, inadequate recognition, poor organisational justice, and exposure to traumatic content
• Engage with health and safety representatives throughout the identification process. It's not optional
• Document your findings systematically

Why this matters: The Victorian regulations explicitly define psychosocial hazards as factors that may cause negative psychological responses creating health and safety risks. Missing hazards during identification means you're exposed to both legal liability and the genuine harm your people might experience.

2. Eliminate First, Control Second: The Hierarchy of Control Matters

Here's where many businesses get it wrong: jumping straight to training programs or wellness initiatives without addressing the root causes.

The Victorian regulations are explicit:

• First priority: Eliminate psychosocial hazards wherever reasonably practicable
• Second priority: If elimination isn't feasible, reduce risk by altering management of work, plant, systems, work design, or workplace environment
• Third priority: Information, instruction, and training - but only if the above measures aren't reasonably practicable

Critical restriction: Training and information cannot be your predominant control measure.

What this means in practice: If high job demands are identified as a hazard, you can't simply send staff to a resilience training course and call it done. You must first examine whether you can eliminate excessive workloads through better resourcing, improved processes, or realistic deadline setting.

Why this matters: The regulations mirror the traditional hierarchy of controls for good reason: controlling hazards at their source is exponentially more effective than expecting workers to adapt to harmful conditions.

3. Mandatory Review Triggers: Compliance Is Continuous, Not Once-Off

Victorian employers must review and revise control measures when specific triggers occur. This isn't discretionary.

You must review when:

• Any change to work processes or systems that could impact psychosocial hazards
• New information about a psychosocial hazard becomes available
• An employee reports a psychological injury or psychosocial hazard
• An incident occurs involving psychosocial hazards
• Risk control measures prove inadequate
• A health and safety representative requests a review

What this means in practice: Psychosocial risk management requires living, breathing systems, not static policies gathering dust. Organisational change, restructures, new technology implementations, or shifts in work demands all trigger mandatory reviews.

Why this matters: Work environments are dynamic. A control that was effective six months ago may no longer be adequate. The regulations recognise this reality and demand ongoing vigilance.

4. Formal Issue Resolution Procedures: Give Voice a Structure

The regulations mandate specific procedures for reporting and resolving psychosocial health and safety issues.

Key requirements:

• Establish clear pathways for employees to report psychosocial hazards and issues
• Designate employer representatives who will participate in issue resolution
• Involve health and safety representatives in the resolution process
• Meet promptly when issues are raised and work collaboratively toward resolution
• Document the process and outcomes

What this means in practice: When an employee raises concerns about bullying, excessive workloads, or poor management practices, there must be a structured, fair process for addressing these concerns that involves genuine consultation and timely action.

Why this matters: Without formal procedures, issues fester. Problems escalate. Trust erodes. And your legal exposure grows. The regulations create a framework that protects both employees and employers through structured, fair processes.

5. Active Consultation: Health and Safety Representatives Have Real Power

The Victorian regulations give health and safety representatives (HSRs) a central role in psychosocial risk management.

HSRs must be involved in:

• Identifying psychosocial hazards
• Making decisions about control measures
• Reviewing risk controls
• Investigating reported issues
• Receiving information about implemented measures

What this means in practice: Consultation isn't a formality - it's a legal requirement woven throughout the regulations. HSRs can request reviews of control measures. They must be included in meetings to resolve issues. They have the right to leave their work area to fulfill these duties.

Why this matters: Those closest to the work often see risks that management misses. HSRs provide crucial worker perspective and help ensure controls are practical and effective. Excluding them from the process isn't just poor practice—it's non-compliance.

What can still be achieved in 2025

If you're just getting started - aim to have the basics in place by the end of 2025.

1. Completed a self-assessment showing where you stand

2. Documented evidence of your commitment to compliance

3. A credible action plan with timelines for 2026 implementation

4. Leadership sign-off and allocated resources

5. Communication to your workforce about your commitment and next steps

This demonstrates good faith to WorkSafe Victoria and shows you're taking the regulations seriously - even if full implementation is still ahead.

January-June 2026: Your Implementation Phase

This is when the real work happens:

• Systematic psychosocial hazard identification across all work areas
• Risk assessment for identified hazards
• Development and implementation of control measures following the hierarchy
• Establishment of formal issue resolution procedures
• Training for leadership and health and safety representatives
• Documentation of all processes
• Regular monitoring and review systems

The key message: Starting the process before December 1 and having a clear plan for 2026 shows genuine commitment to compliance. WorkSafe Victoria recognizes that meaningful implementation takes time, but inaction and lack of planning is not an option.

What makes InCheq different:

InCheq specialises in translating regulatory requirements into practical approaches and systems that actually work. We've helped Victorian businesses across manufacturing, professional services, government, healthcare, aged care, social services, construction, education and retail sectors implement compliant psychosocial risk management frameworks - without the overwhelm.

We combine cutting-edge software with specialist consulting and a best-in-the-biz network of delivery partners to deliver:

• Rapid gap analysis assessments that identify your priority areas
• Ready-to-use and customizable Risk Matrix and Register Templates
• Practical Toolkits and industry-specific control measures that address root causes
• Formal procedures that work in real workplaces
• Training that equips your leaders to manage psychological health proactively
• Ongoing support as your organisation evolves

Let's go...

1. Start by Completing Your Free Self-Assessment Checklist

2. Schedule a meeting to plan your 2026 Compliance Roadmap

Our team will set you up for success by providing a clear action plan - giving you the confidence and structure to start 2026 on the right foot.

Looking for concrete examples of what compliance looks like in your industry? Read our companion article: What Does Compliance Actually Look Like? Industry-specific Examples for Victorian Businesses

‍