Public comments sought on proposed psychological health regulations

Public comments are sought on proposed Occupational Health and Safety Amendment (Psychological Health) Regulations, with WorkSafe Victoria inviting feedback from employers, safety professionals and other stakeholders across Australia before the consultation window closes.

Why These Proposed Regulations Matter

WorkSafe Executive Director of Health and Safety Narelle Beer said mental injury is expected to account for a third of all worker's compensation claims by 2030.

"With a rising number of people seeking help for work-related psychological injury, it is more important than ever that employers do everything reasonably practicable to provide a psychologically safe and healthy workplace," Dr Beer said.

"These proposed regulations will put psychosocial hazards on equal footing with physical hazards and recognise that they can be just as harmful to employees' safety and wellbeing."

What The New Rules Aim To Address

Psychosocial hazards cover risk factors such as excessive workloads, workplace bullying, poor role clarity and inadequate support systems. Under existing OHS obligations, employers must already identify hazards and apply reasonable controls, however this amendment formalises psychological risk within that framework.

WorkSafe Victoria is also developing a psychological health compliance code to help employers meet duties under the OHS Act. This code will sit alongside broader workplace mental health and psychosocial policies already used across many organisations.

Key Elements of the Proposed Framework

• Formal recognition of psychosocial hazards under OHS regulation
• Clear expectations for risk identification and management within workplaces
• Guidance on practicable control measures for psychological risk
• A supporting compliance code to assist employer decision-making

Consultation Process And Timeline

Victoria's workplace health and safety regulator says it has consulted extensively with stakeholders while shaping these proposed regulations. Public comment on the draft, alongside the associated Regulatory Impact Statement, remains open until 31 March 2022.

Employers seeking further information on how similar frameworks operate elsewhere may find it useful to review our coverage on new psychological health regulations set to take effect in South Australia, which outlines a comparable regulatory approach.

Building A Stronger Psychosocial Risk Management Approach

Effective management of psychosocial hazards requires more than policy on paper. Organisations benefit from integrating psychological risk considerations into existing safety management systems, rather than treating mental health as a separate compliance stream.

Employers reviewing their current arrangements might also consider related regulatory developments, including our article on comments sought on proposed Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 and updates on the proposed workplace exposure standard for diesel particulate matter, both reflecting a similar shift toward broader hazard management under OHS law.

Robust management practices should include regular review of control measures, clear reporting pathways for psychosocial concerns, and management training so leaders can recognise early warning signs. A well-documented Health & Welfare Policy can provide a practical foundation for this work, while a Work Health & Safety (WHS) Policy ensures psychological risk sits within a broader, unified management system.

Next Steps For Employers

Employers should not wait for final regulations before strengthening their approach to psychosocial hazards. Reviewing current risk management processes now, and preparing management teams for upcoming compliance expectations, will support smoother adoption once these regulations take effect.

Read the full story on WorkSafe Victoria website, or explore practical management resources such as our Health Surveillance Record and industry events like the Workplace Health and Safety Show for further guidance on managing hazards proactively.