WHS Psychosocial Compliance · Australia
Your WHS obligations just got more specific about mental health
Safe Work Australia’s 2023 Code of Practice on Managing Psychosocial Hazards in the Workplace sets out clear employer duties. Here’s what it means for your business — and how an EAP helps you meet them.
Definitions
What are psychosocial hazards?
Under the Work Health and Safety Act 2011 (Cth) and equivalent state/territory legislation, a hazard is anything with the potential to cause harm. Psychosocial hazards are hazards that affect workers’ psychological (mental) health and safety.
High job demands
Low job control
Poor support
Poor role clarity
Workplace conflict
Traumatic events
Isolated or remote work
Poor change management
These hazards can lead to work-related stress, anxiety, depression, and burnout — all of which carry significant cost for employers (absenteeism, presenteeism, turnover, workers’ compensation claims).
The legal framework
What the law requires
Work Health and Safety Act 2011 (Cth)
Section 19 of the WHS Act imposes a primary duty of care on employers (referred to as “persons conducting a business or undertaking” or PCBUs). This duty extends explicitly to psychological health and safety, not only physical safety.
Safe Work Australia — Code of Practice: Managing Psychosocial Hazards at Work (2023)
1
- Identify psychosocial hazards in your workplace
2
- Assess the risk — how likely is harm, how severe?
3
- Control the risk — implement measures to eliminate or minimise it
4
- Review controls — ensure they remain effective over time
State & Territory Laws
All Australian states and territories have WHS legislation that mirrors or references the Model WHS Act. Safe Work NSW, WorkSafe Victoria, and equivalent bodies in each state have also published guidance reinforcing psychosocial risk obligations.
Where Resplora fits
How an EAP satisfies your obligations
A documented control measure
A confidential support pathway
Evidence of ongoing commitment
The cost of inaction
What happens if you don't comply
Failing to manage psychosocial hazards is not a minor administrative issue. Potential consequences include:
- Improvement notices from WHS regulators requiring specific corrective actions
- Prohibition notices stopping certain work activities
- Infringement notices (on-the-spot fines)
- Prosecution under the WHS Act — penalties up to $50,000 for individuals, $500,000 for companies (Category 2 offence)
- Workers' compensation claims for psychological injury — these are rising faster than physical injury claims in Australia
- Reputational damage from public proceedings
The risk is real. Beyond penalties, psychological injury claims are among the most costly and complex to manage.
Documenting your control measures
Resplora EAP as a control measure
Psychosocial hazard | Control measure implemented |
|---|---|
High job demands / stress | EAP — confidential counselling and psychology available |
Poor support | EAP — confidential sessions per employee, no referral needed |
Traumatic events | EAP — registered psychologists with trauma expertise |
Workplace conflict | EAP — professional mediation support |
Low mental health literacy | EAP — proactive promotion of mental health support |
Good to know
Frequently asked questions — WHS
Does an EAP mean we’ve fully discharged our WHS psychosocial obligations?
No. An EAP is a control measure — one part of a broader approach. You still need to identify specific hazards in your workplace, assess their severity, and implement controls at the source (e.g. managing workloads, addressing conflict). However, an EAP meaningfully strengthens your overall compliance position.
Does the 2023 Code of Practice apply to all employers?
Yes. The Code applies to all persons conducting a business or undertaking (PCBUs) regardless of size or sector.
Can we use the monthly utilisation report as WHS documentation?
Yes. We recommend retaining monthly reports as part of your WHS management records. They demonstrate that the EAP control measure was promoted and utilised.
We’re a small business with 8 employees. Do these obligations apply to us?
Yes. The duty of care under the WHS Act applies to all employers. Small businesses often have fewer resources to manage psychosocial hazards, which is exactly why a simple, low-cost EAP like Resplora is valuable.