Background of the new law
Victorians have become increasingly aware of the link between work conditions, psychosocial factors, and employee well-being.
The Royal Commission in 2021 into Victoria’s mental health system identified a “failing [workplace] system”,[1] offering numerous recommendations to the Government of the day to support employers in creating mentally healthy workplaces. This included addressing psychosocial hazards.
The Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic), (Regulations), effective December 1, 2025, attempts to address these issues. The Regulations provide for employers to identify, manage, and eliminate psychosocial risks in the workplace.
The Regulations provide greater detail around an employer’s general duty to maintain a safe and healthy work environment. Section 20 of the Occupational Health and Safety Act 2004 (Vic)[2] (OHS Act) requires employers to satisfy this general duty.
What are psychosocial hazards?
The new Regulations define a “psychosocial hazard” as ‘any factor or factors in –
- The work design; or
- The systems of work; or
- The management of work; or
- The carrying out of the work; or
- Personal or work related interactions’ –
that may cause an employee to experience one or more negative psychological responses, placing their health and safety at risk.
Examples include:
- Aggression or violence
- Bullying
- Exposure to traumatic events or content
- High job demands
- Low recognition, reward or role clarity
- Poor support and isolated work
Procedures for resolving physical hazards and issues
Under Regulation 12(1), a health or safety issue will arise in the workplace where an employee wishes to raise an issue to resolve a complaint.
Measures to reduce the risks of psychosocial hazards as reasonably practicable may include:
- Moving an employee’s office location
- Adjusting an employees workload or their systems of work
- Providing employees with more specific training
Key takeaways for employers
- Identify psychosocial hazards;
- Assess whether you have the processes in place to eliminate any risk associated with a psychosocial hazard;
- Review any measures that have been previously implemented to control risks associated with any psychosocial hazards; and
- Minimise the psychosocial risks where they cannot be eliminated, with appropriate temporary measures where possible or desirable, until they can be improved or eliminated.
Ultimately, the Regulations are not just about meeting legal requirements. They serve as a reminder to employers about creating and maintaining workplaces where employees feel protected, visible and safe.
To discuss your particular situation, please contact our workplace relations & employment law team on 03 9614 7111 or melbourne@nevettford.com.au.
[1] ‘Royal Commission looks to foster ‘mentally healthy workplaces’’, Victorian Chamber of Commerce and Industry (online, 3 March 2021)
https://www.victorianchamber.com.au/news/mental-health-royal-commission
[2] Occupational Health and Safety Act 2004 (Vic)