New OHS Psychological Health Regulations

The focus of this update is the new Occupational Health and Safety (Psychological Health) Regulations, which will come into effect December 1st, 2025, in Victoria and the proposal by Safework Australia on possible changes to Model WHS Legislation.

New Occupational Health and Safety (Psychological Health) Regulations

Safe Work Victoria

• Identifying Risks: Employers must recognise psychosocial hazards such as bullying, sexual harassment, aggression, or exposure to traumatic events.
• Developing Prevention Plans: While not mandatory, employers are encouraged to create written strategies to manage these risks.
• Taking Action: Proactively addressing risks before they cause harm.
• Educating Employees: Ensuring staff understand psychological safety and available support
• Updating Policies: Aligning workplace policies with new compliance requirements.

SafeWork Australia – Proposed changes for model WHS Act 2011

While the details remain to be seen, Safe Work Australia will work with the Parliamentary Counsel’s Committee to draft the amendments, which it says are expected to be finalised by early 2025.

Changes to the model WHS Act will only take effect once they are incorporated into the WHS laws of the respective jurisdictions.

The Consultation Paper proposed several options for expanding the notification and reporting framework under the model WHS Act relevant to psychosocial risks:

1. Periodic reporting of periods of incapacity for work:  Introduce a six-monthly reporting requirement for periods of incapacity from normal work lasting 10 or more consecutive days due to work-related psychological or physical injuries.
2. Periodic reporting of certain types of psychosocial hazards (Bullying and Harassment and exposure to trauma): Introduce a periodic reporting requirement (six months) of complaints or instances of bullying, including sexual harassment, that may not put workers at risk of serious risk or require immediate WHS regulator notification, but which if repeated, frequent or prolonged, may put workers at risk of serious injury.  Reporting also of exposure to traumatic events that arise out of the conduct of the business or undertaking (such as serious injuries, fatalities or instances of abuse or neglect).
3. Immediate notification of attempted suicide, suicide and other deaths: Require immediate notification for suicide, attempted suicide or psychological harm arising out of the conduct of the business or undertaking by: Amending guidance material to clarify that ‘death of a person’ in the definition of ‘notifiable incident’ is to include the death of a person by any means due to work-related psychological harm where “…any reasonable suspicion that work may have contributed would trigger notification”: section 35(a).