PSYCHOSOCIAL HEALTH & WHS SUPPORT · AUSTRALIA
Your WHS obligations just got more specific about mental health
Australian WHS and OHS laws require businesses to identify and manage work-related psychosocial risks. An EAP can provide confidential professional support as part of that broader approach — but it does not replace controls addressing workload, work design, management practices or workplace behaviour.
Definitions
What are psychosocial hazards?
Australian WHS and OHS laws recognise that workplace health includes psychological health. Psychosocial hazards arise from the design or management of work, the working environment, workplace interactions or behaviours, and other work-related conditions that may cause psychological or physical harm.
High job demands
Excessive workload, cognitive demands, emotional labour
Low job control
Inability to influence how or when work is done
Poor support
Inadequate support from supervisors or colleagues
Poor role clarity
Unclear expectations or responsibilities
Workplace conflict
Interpersonal conflict, bullying, harassment, discrimination
Traumatic events
Exposure to distressing incidents, client trauma, vicarious trauma
Isolated or remote work
Working alone, away from others
Poor change management
Restructures, redundancies, poor communication
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
WHS and OHS laws in Australia
Every Australian jurisdiction requires businesses and other duty holders to protect workers’ physical and psychological health. Most states and territories operate under legislation based on the Model WHS Laws, while Victoria has its own Occupational Health and Safety framework.
The exact Act, regulations and approved codes that apply depend on where your organisation and workers are located.
The exact Act, regulations and approved codes that apply depend on where your organisation and workers are located.
Managing psychosocial risks
Safe Work Australia’s Model Code of Practice provides practical guidance on managing psychosocial hazards. Its legal status depends on whether and how it has been approved in each jurisdiction.
The risk management process generally involves:
1
- Identify psychosocial hazards — Identify aspects of work, workplace interactions or conditions that could cause psychological or physical harm.
2
- Assess the risks — Consider who may be affected and the duration, frequency and severity of their exposure.
3
- Control the risks — Eliminate psychosocial risks where reasonably practicable. Where elimination is not possible, minimise the risks using the most effective controls available.
4
- Review controls — Regularly check whether controls are effective, remain suitable and need to be changed.
Consultation is essential
Workers must be consulted, so far as is reasonably practicable, throughout the process. Health and safety representatives should also be involved where applicable, including when identifying hazards, assessing risks, selecting controls and reviewing their effectiveness.
Requirements vary between jurisdictions.
Check the guidance published by your state or territory WHS or OHS regulator for the rules that apply to your organisation.
Where Resplora fits
How an EAP supports a broader psychosocial risk strategy
An EAP does not eliminate workplace psychosocial hazards or replace controls at the source. Its role is to give employees a confidential pathway to professional support, including when they are experiencing stress, conflict, psychological distress or the effects of traumatic work.
Resplora can complement — but not replace — measures such as appropriate staffing, manageable workloads, clear roles, effective consultation, respectful workplace behaviour, incident response procedures and supportive management practices.
A confidential support pathway
Employees can access qualified counsellors and psychologists without disclosing personal information or session content to their employer.
Support following difficult or traumatic experiences
An EAP can form part of an organisation’s response and recovery arrangements, alongside preventative workplace controls.
Aggregate utilisation insights
Confidential reports can help organisations understand whether the service is being accessed and whether further communication may be needed. They should be considered alongside worker consultation, hazard reports, risk assessments and reviews of workplace controls.
The cost of inaction
What can happen when psychosocial risks are not managed
Failing to manage psychosocial hazards can have serious consequences for workers and organisations. Depending on the jurisdiction and circumstances, these may include:
- Improvement notices requiring corrective action
- Prohibition notices restricting unsafe work activities
- Infringement notices or fines, where applicable
- Prosecution under applicable WHS or OHS legislation
- Workers’ compensation claims arising from psychological injury
- Financial, operational and reputational harm
Beyond regulatory consequences, psychological injuries can have a lasting impact on workers and are among the most costly and complex workplace injuries to manage.
Documenting your control measures
How Resplora complements workplace controls
When documenting your approach, include both primary workplace controls and any supporting measures.
Psychosocial hazard | Workplace controls | How Resplora can complement them |
|---|---|---|
High job demands / stress | Staffing, workload review, job redesign and adequate recovery time | Confidential support for employees experiencing distress |
Poor support | Supervisor capability, adequate resources and clear escalation pathways | Independent professional support |
Traumatic events | Reduce exposure, incident procedures, training, recovery time and follow-up | Trauma-informed counselling and psychology |
Workplace conflict | Prevention policies, reporting, fair investigation and management action | Confidential therapeutic support |
Low mental health literacy | Training, clear information and manager education | A visible pathway to qualified professional care |
Resplora provides aggregate utilisation reports that may be retained as supporting records. These reports should be considered alongside worker consultation, hazard identification, risk assessments, control decisions and reviews of control effectiveness.
Good to know
Frequently asked questions — WHS
Does an EAP mean we’ve fully discharged our WHS psychosocial obligations?
No. An EAP can be one supporting measure within a broader psychosocial risk strategy. You still need to identify specific workplace hazards, assess the risks and implement controls at the source, such as managing workloads and addressing workplace conflict. An EAP provides confidential professional support, but it does not by itself discharge your WHS or OHS duties or demonstrate compliance.
Which psychosocial safety laws apply to our organisation?
All Australian jurisdictions impose duties relating to psychological health and safety, but the applicable Act, regulations and approved codes depend on where your organisation operates. Check the requirements of your state or territory regulator or seek professional WHS advice.
Can we use Resplora reports as WHS documentation?
Aggregate utilisation reports may be retained as supporting records showing that a confidential support service was available and accessed. However, they do not replace records of worker consultation, hazard identification, risk assessments, control decisions or reviews of control effectiveness.
Do psychosocial safety duties apply to small businesses?
Yes. Small businesses also have duties to protect workers’ psychological and physical health. What is reasonably practicable will depend on the organisation’s size, risks, resources and circumstances.
SUPPORT YOUR PEOPLE
Support your people as part of a broader psychosocial safety strategy
Give employees confidential access to qualified counsellors and psychologists, with no setup fee and two flexible pricing options.
This page provides general information only. It is not legal advice. For advice specific to your situation, consult a WHS consultant or employment lawyer.