2023 Psychosocial Regulations

The Work Health and Safety (National Uniform Legislation) Regulations 2011 (the WHS Regulations) has been amended to address psychosocial hazards in the workplace. The changes incorporate updates to the model WHS Regulations and are in effect from 1 July 2023.

What has changed?

Under the Work Health and Safety (National Uniform Legislation) Act 2011 (the WHS Act), employers must ensure the health and safety of their workers and other people in the workplace. Health is defined in the WHS Act as including psychological health.

The new regulations clarify employer duties to manage psychosocial risks. These include:

  • The term ‘psychosocial hazard’ has been defined as a hazard that arises from or relates to:

    • the design or management of work;
    • a work environment;
    • plant at a workplace; or
    • workplace interactions or behaviours,

    which may cause psychological harm, whether or not it may also cause physical harm.

  • The term ‘psychosocial risk’ has been defined as a risk to the health or safety of a worker or other person at a workplace arising from a psychosocial hazard.

  • In managing psychosocial risks, employers must apply Part 3.1 of the WHS Regulations. This ensures the risks from all types of workplace hazards are managed in the same way, irrespective of whether they might cause physical and/or psychological harm.

  • The hierarchy of control measures is a system for controlling workplace risks. Eliminating risks to health and safety is the first step and the most effective control in the hierarchy. If this is not reasonably practicable, PCBUs and other duty holders must work through the other methods in the hierarchy to minimise psychosocial risks so far as is reasonably practicable.

    In deciding what control measures to implement, employers must consider a range of factors such as:

    • the duration, frequency and severity of exposure to the psychosocial hazard that a worker or other person may experience
    • how psychosocial hazards may interact or combine
    • how work is designed, including the demands and tasks of a job
    • the systems of work, including how work is managed, organised and supported
    • design, layout and environmental conditions of the workplace, including the provision of safe means by which to enter and exit the workplace and facilities for the welfare of workers
    • design, layout and environmental conditions of workers’ accommodation
    • the plant, substances and structures at the workplace
    • workplace interactions or behaviours
    • information, training, instruction and supervision provided to workers.

Code of Practice: Managing psychosocial hazards at work

The model Code of Practice: Managing psychosocial hazards at work (the Code) will be adapted to include the use of the hierarchy of control measures. The Code will guide duty holders through the psychosocial risk management process, giving practical steps on how to comply with their respective legal duties.

The Code will be subject to consultation later in 2023.

Related resources