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WHS Regulations
Changing regulations for safer workplaces.
Across Australia, we’re seeing a growing awareness of the importance of managing workplace psychosocial risks.
work environment
An essential part of creating a safe workplace for Australians is ensuring employers have considered the aspects of the work environment that impact psychological health and safety.
That’s why, in Australia, we're seeing a growing impetus on employers proactively identifying and managing psychosocial risks.
Psychosocial risks have the potential to adversely impact an employee's mental and emotional well being, and they can come from a variety of sources related to work, such as excessive workload, bullying and harassment, and ineffective leadership. The knowledge and focus on managing psychosocial hazards began overseas in 2015 in Canada and has been gradually adopted around the world. In 2021, the release of ISO45003 set a global standard for creating psychologically safe workplaces. Now, regulations have been introduced by Work Health and Safety regulatory bodies around Australia, setting minimum standards required by employers to manage these hazards. These regulations fall under the The Work Health and Safety Act 2011 (Cth), and highlight the legal obligation of employers in protecting the psychological health and safety of their employees.
Safework Australia, 2019
The rules
State-based Work, Health, and Safety regulations
New South Wales
Queensland
Western Australia
Victoria
Tasmania
Northern Territory
South Australia
Australian Capital Territory
National
International
Regulations
State, national, and international Work, Health, and Safety regulations
New South Wales
In 2021, New South Wales became the first state in Australia to release a Code of Practice on Managing Psychosocial Hazards at Work, detailing the minimum standard for employers in managing psychosocial risks in the workplace.
Safework NSW has led the way in Australia with their policy and regulatory changes. There is now a roadmap, guidance and advice available for employers to protect the psychological health and safety of their employees.
Key Resources:
- Code of Practice: Managing Psychosocial Hazards at Work 2021 (SafeWork NSW) provides practical guidance on identifying, assessing, and controlling psychosocial hazards in the workplace.
- The Work Health and Safety Regulation 2017 (NSW) provides additional guidance on identifying and managing psychosocial risks, including bullying, harassment, and work-related stress.
- Work Health and Safety Act 2011 (NSW) requires employers to provide a safe and healthy workplace, including addressing psychosocial risks.
Queensland
In 2022, Queensland released a Code of Practice on Managing the Risk of Psychosocial Hazards at Work. This code is considered a minimum standard for managing psychosocial risks in Queensland and is designed to be used in conjunction with the existing legislation and guidelines.
Under the Work Health and Safety Act 2011 (QLD), employers have a legal obligation to provide a safe and healthy workplace for their employees, which includes addressing psychosocial risks. The Work Health and Safety Regulation 2011 (QLD) provides additional guidance on identifying and managing psychosocial risks, including bullying, harassment, and work-related stress.
The Queensland government has provided numerous tools, resources and guidelines to support employers in creating a positive and supportive work environment that promotes the well-being of their employees.
Key Resources:
- Code of Practice: How to Manage Work Health and Safety Risks (2021) (Workplace Health and Safety Queensland) provides practical guidance on identifying, assessing, and controlling psychosocial hazards in the workplace.
- The Work Health and Safety Regulation 2011 (QLD) provides additional guidance on identifying and managing workplace health and safety risks.
- Work Health and Safety Act 2011 (QLD) requires employers to provide a safe and healthy workplace, including addressing psychosocial risks
Western Australia
Western Australia has made significant strides in recent years to address psychosocial risks in the workplace. In 2022, the Commission for Occupational Health and Safety published the Western Australian Code of Practice for Psychosocial Hazards in the Workplace.
This Code outlines the reasonable standard to which employers in Western Australia are expected to meet in order to be compliant with Work, Health and Safety legislation, including Occupational Health and Safety Act 1984 (WA) and the Occupational Health and Safety Regulations 1996.
Key Resources:
- Code of Practice. Psychosocial Hazards in the Workplace 2022 (Commission for Occupational Health and Safety) provides the standard for managing psychosocial hazards in the workplace.
- Occupational Health and Safety Act 1984 requires employers to provide a safe and healthy workplace.
- Occupational Health and Safety Regulations 1996 prescribe minimum standards and have a general application, or define specific requirements related to a particular hazard or type of work.
Victoria
The Occupational Health and Safety Act 2004 (VIC) requires employers to provide and maintain a working environment that is safe and without risks to health.
WorkSafe Victoria describes psychosocial hazards as being a risk to work-related stress. The Workplace Health and Safety Regulations 2017 (VIC) provides regulatory standards on managing workplace risks. WorkSafe Victoria also provides resources and guidance to assist employers in managing psychosocial risks.
Key Resources:
- Psychosocial Hazards (Worksafe Victoria) provides an overview of the key psychosocial hazards that should be identified and managed by employers.
- Occupational Health and Safety Act 2004 (Victoria) requires employers to provide a safe and healthy workplace.
Tasmania
In January 2023, Tasmania released their Code of Practice on Managing the Risk of Psychosocial Hazards at Work. This code is considered a minimum standard for managing psychosocial risks in Tasmania and is designed to be used in conjunction with the existing legislation and guidelines.
Under the Work Health and Safety Act 2012 (TAS), employers have a legal obligation to provide a safe and healthy workplace for their employees. The Work Health and Safety Regulation 2022 (TAS) provides additional guidance on the requirements to identify and manage hazards that may pose a risk to employee health and wellbeing/
Key Resources:
- Code of Practice on Managing Psychosocial Hazards in the Workplace (WorkSafe Tasmania) provides the minimum standards on identifying, assessing, and controlling psychosocial hazards in the workplace.
- Work, Health and Safety Regulations 2022 a new regulation that makes it mandatory for workplaces to manage psychological health and prevent psychosocial hazards (such as workplace bullying, traumatic events, occupational violence and aggression, and physical and sexual assault)
- Work, Health and Safety Act 2012 (Tasmania) requires employers to provide a safe and healthy workplace.
Northern Territory
The Work Health and Safety (National Uniform Legislation) Act 2011 (NT) requires employers to provide a safe and healthy workplace The Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT) provides additional guidance on the importance of identifying and managing risks to health.
WorkSafe NT includes the identification and management of psychosocial hazards as a key element of work, health and safety regulatory requirements by an employer.
Key Resources:
- Code of Practice: How to manage work, health and safety risks (NT) outlines the key elements of hazard identification and management.
- The Work Health and Safety (National Uniform Legislation) Act 2011 sets out the key requirements and obligations for work, health and safety.
South Australia
The Work Health and Safety Act 2012 (SA) requires employers to provide a safe and healthy workplace. The Work Health and Safety Regulations 2012 (SA) provides additional guidance on identifying and managing work, health and safety risks, including psychosocial risks.
SafeWork SA also provides resources and a checklist to assist employers.
Key Resources:
- Psychological Hazards and Work-related stress (Safework SA) provides guidance and information on the identification and management of psychosocial hazards.
- Work, Health and Safety Act (2011) requires employers to provide a safe and healthy workplace.
- Work, Health and Safety Regulation (2011) provides the specific requirements related to identifying and managing hazards in the workplace.
Australian Capital Territory
In October 2021, WorkSafe ACT launched their inaugural Strategy for Managing Work-Related Psychosocial Hazards 2021-23.
In alignment with the Work, Health and Safety Act (2011) employers are required to provide a safe and healthy workplace, including addressing psychosocial risks. The Work Health and Safety Regulation 2011 (ACT) provides additional guidance on identifying and managing risks to employee health and safety.
Key Resources:
- Work, Health and Safety Act 2011 (ACT) requires employers to provide a safe and healthy workplace.
- Strategy for Managing Work-related Psychosocial Hazards 2021-2023 (ACT) outlines the key strategic objectives of WorkSafe ACT in managing psychosocial hazards.
National
In 2022, SafeWork Australia published their Model Code of Practice in Managing Psychosocial Hazards in the Workplace. This document provides guidance to the state- and territory based regulators on a proposed minimum standard in their respective regulatory codes.
The Model Code of Practice provides minimum standards expected in order to meet Work, Health and Safety laws and regulations.
Key Resources:
International
In 2021, the International Organisation for Standardisation (ISO) published ISO45003: Occupational Health and Safety Management - Psychological Health and Safety at Work - Guidelines for managing psychosocial risks. ISO 45003 provides guidelines for managing psychosocial risk and empowers organisations to prevent work-related injury and ill health and to promote well-being at work.
Key Resources:
