Victoria to introduce new law on managing psychosocial hazards at work

New regulations create obligations for employers to identify, control hazards

Victoria to introduce new law on managing psychosocial hazards at work

The Victoria government will introduce in October new regulations seeking to strengthen how psychosocial hazards are managed in the workplace amid an increase in work-related mental injuries.

Psychosocial hazards refer to work-related factors that have the potential to cause harm, such as bullying, sexual harassment, aggression or violence, and exposure to traumatic events.

The legislation, which is expected to take effect in December, will create new obligations for employers to identify and control such hazards in workplaces.

"These changes send a clear message that employers must treat psychosocial hazards just as seriously as they do physical hazards, while also supporting them with the tools they need to create mentally healthy workplaces," said Sam Jenkin, WorkSafe Executive Director of Health and Safety, in a statement.

"These regulations will provide clarity for employers about what they need to do to keep their workers safe from psychosocial hazards and uphold their duties under the OHS Act."

The government said it will establish a Compliance Code to help employers meet their duties in the upcoming legislation.

"Extra guidance will also be provided on how prevention plans can help identify actions they'll take to control psychosocial hazards," the government's statement read.

Uptick in work-related mental injuries

The new legislation comes after work-related mental injuries went up to 18% of all new WorkCover claims in 2023-24.

This is an increase from the 16% recorded a year prior, and nine per cent logged before 2009.

Minister for WorkSafe and the TAC Ben Carroll said mental injuries can have a devastating impact on workers' health, career, and personal lives.

"It's crucial that employers do everything possible to reduce the risks – just as they must control the risks of physical injury," Carroll said in a statement.

With this upcoming legislation, Victoria joins the jurisdictions that are introducing regulations around psychosocial risks in the workplace, such as Western Australia, Tasmania, Queensland, and New South Wales.

The Commonwealth also amended the Work Health and Safety Regulations 2011 to introduce regulations on managing psychosocial risks at work.