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Occupational Health and Safety
(Psychological Health) Regulations
Information about the development of
Victoria’s first psychological health regulations
Current employer obligations
Under the Occupational Health
and Safety Act 2004 (OHS Act),
employers must provide and
maintain a working environment
for their employees, including
contractors, that is safe and without
risks to health, so far as reasonably
practicable.
In Section 5 of the OHS Act, health
is defined as including psychological
health.
Resources about psychological
health and reducing workplace
harm.
Status
The Victorian Government has
confirmed new psychological health
regulations will be introduced by the
end of the year.
Read the announcement
https://www.premier.vic.gov.au/
new-rules-protect-workers-mental-
health
Premier of Victoria
New Rules To Protect Workers’
Mental Health
The new Occupational Health
and Safety (Psychological Health)
Regulations will put psychosocial
hazards on the same footing as
physical ones and are expected
to make a meaningful difference
to safety and wellbeing outcomes
across thousands of Victorian
workplaces. Psychosocial hazards
are work-related factors with
potential to cause harm, such
as bullying, sexual harassment,
aggression or violence and exposure
to traumatic events.
The new regulations will create
specific obligations for Victorian
employers to identify and control
psychosocial hazards in their
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workplaces. They will also provide
flexibility for employers, in
consultation with employees, to
determine what control measures
will be most effective in their
workplace and adjust them when
circumstances change.
A supporting compliance code
will also be available to provide
employers with practical guidance
on how to meet their duties under
the new regulations. Additional
guidance and templates will be
provided, including to promote
the use of prevention plans to help
identify and manage psychosocial
hazards to prevent risks to
workers’ health and wellbeing.
These new regulations are
being made in response to
recommendations to strengthen
workplace health and safety
laws that better address mental
health made by the Boland Review
(2018), the Royal Commission into
Victoria’s mental health system
(2019) and the Productivity
Commission inquiry into mental
health (2020).
Work-related mental injuries
have increased in Victoria in
recent years, representing 18
per cent of all new WorkCover
claims in 2023-24,up from 16 per
cent the previous year and 9 per
cent before 2009. These new
regulations will help employers
to prevent mental injuriesfrom
occurring in the fi rst place and
create mentally healthy workplace
environments.
It’s anticipated the regulations
will be made in October and
take effect on 1 December this
year. They will align with similar
regulationsintroduced in other
Australian states and territories.
Register for updates
To receive updates to your inbox
about the progress of the regulations
and compliance code, email
legislation@worksafe.vic.gov.au
Note: WorkSafe will continue
to update this page as work
progresses.
Online resources
WorkSafe’s website has online
resources to support employers to
manage psychosocial hazards in the
workplace.
WorkWell is also available to support
employers to prevent mental injury
and to promote healthy workplaces.
Related information
https://www.worksafe.vic.gov.au/
mental-health-strategy
Mental Health Strategy 2021 to
2024
https://www.worksafe.vic.gov.au/
laws-and-regulations
Laws and regulations
https://engage.vic.gov.au/proposed-
psychological-health-regulations
Engage Victoria
Proposed OHS Amendment
(Psychological Health) Regulations
consultation.
WorkWell Toolkit
https://www.worksafe.vic.gov.au/
workwell-toolkit
WorkSafe Advisory
WorkSafe’s advisory service is
available between 7:30am and
6:30pm Monday to Friday. If you
need moresupport, you can
also contact WorkSafe using the
Translating and Interpreting Service
(TIS National) orthe National Relay
Service.
1800 136 089
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