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WorkSafe Occupation Health and Safety Psychological Health Regulations

By Emma Morrison

WorkSafe Victoria’s Occupation Health and Safety Psychological Health Regulations are now in effect and focus on managing risk from psychosocial hazards and create specific obligations for Victorian employers to identify and control psychosocial hazards and risks in their workplaces.

What will the regulations do?

The Regulations seek to strengthen the existing Occupational Health and Safety (OHS) framework in Victoria by:

  • promoting the importance of psychological health and safety in the working environment
  • ensuring employers eliminate or reduce risks to health and safety associated with psychosocial hazards so far as is reasonably practicable
  • providing more clarity for employers about their obligations as they relate to psychological health and safety
  • increasing awareness about psychosocial hazards and ways to eliminate or reduce risks associated with those hazards.

How will the regulations do this?

The Regulations will achieve its objective by prescribing a tailored risk management process requiring all employers to:

  • identify psychosocial hazards;
  • control the risks associated with a psychosocial hazard by either eliminating or reducing those risks, so far as is reasonably practicable; and
  • review and revise risk controls in prescribed circumstances.

Who has duties?

Under the Occupational Health and Safety Act 2004 (OHS Act), employers must provide and maintain a working environment for their employees that is safe and without risks to health. Employers must do this so far as is reasonably practicable.

The definition of ‘health’ under the OHS Act includes ‘psychological health’. Any reference to OHS obligations in relation to the health of employees extends to their psychological health.

The Regulations create specific duties for employers to identify hazards, control risks and review and where necessary, revise risk control measures.

The risk management process is designed to help employers comply with their duties under the OHS Act and Regulations relating to psychosocial hazards and involves the following steps:

  • identifying psychosocial hazards
  • assessing any associated risks to health or safety
  • controlling those risks
  • monitoring, reviewing and, where necessary, revising risk controls.

Do employees have duties?

Employees, while at work, must take reasonable care for their own health and safety and that of others who may be affected by their acts or omissions at a workplace.

Employees must also co-operate with their employer’s actions to comply with OHS requirements (for example, by following any information, instruction or training provided).

Where can I find more information?

Visit WorkSafe Victoria’s website