Psychosocial Hazards Check for Australian Workplaces

Under the model Work Health and Safety Act (section 19), every person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers, and section 4 defines health to include psychological health. Since 2022 the model WHS Regulations have spelled out what that means for psychosocial risk: regulations 55A to 55D require PCBUs to identify psychosocial hazards such as high job demands, low job control, poor support, bullying, harassment, aggression and traumatic events, and to eliminate or minimise the risks using the hierarchy of controls. Safe Work Australia’s model Code of Practice: Managing psychosocial hazards at work (2022) lists 14 common hazards, and the regulations have been adopted in the Commonwealth and most states and territories. Victoria has made its own psychological health regulations under the Occupational Health and Safety Act 2004.

Regulators now inspect for psychosocial risk management, and failing to manage it can lead to improvement notices, enforceable undertakings and prosecution, with Category 1 offences carrying fines in the millions for companies. Separately, since 12 December 2022 the Sex Discrimination Act 1984 (section 47C) has imposed a positive duty on employers to take reasonable and proportionate measures to eliminate workplace sexual harassment, and the Australian Human Rights Commission has had powers to enforce it since December 2023. Workers can also seek stop-bullying and stop-sexual-harassment orders from the Fair Work Commission. Small businesses are covered too, although what is “reasonably practicable” depends on size and resources. A short written assessment and a few practical controls are often enough to close the biggest gaps.

Use this free check to see whether your business is managing psychosocial hazards like stress, bullying and harassment as Australian WHS laws require, and what to put in place next.