Psychological Health Regulations: A Focus on Risk Management - a Summary of WorkSafe's Webinar

admin • October 27, 2025

Almost 14,000 people registered to attend WorkSafe Victoria’s webinar “Psychological Health Regulations: A focus on risk management” held on 27th October 2025.


The webinar was essentially an overview and pointed to a number of resources for employers to access to ensure they are compliant by 1st December 2025.


WorkSafe Representatives explained that employers have always had a duty to provide a safe workplace - including physically and psychologically. However, the new regulations introduce a specific duty relating to the need to identify and control risks associated with psychological health in the workplace.


Psychosocial hazards are factors in the workplace which may create a negative psychological response which can pose a risk to a worker’s health and safety (eg: long hours, work demands, low role clarity, sexual harassment, bullying, etc).


WorkSafe were very clear that The Psychological Health Regulations do not impact any workers eligibility for mental injury claim, as they have no impact on the Workplace Injury Rehabilitation and Compensation (WIRC) Act.


The stated aims of the Regulations were as follows:

1.     To strengthen the OHS framework by recognising psychosocial hazards as equally harmful as physical hazards.

2.     To provide clearer guidance to employers on their obligations to protect employees from psychological injury.

3.     To create specific obligations for Victorian employers to identify and control psychosocial risks in their workplaces.

4.     To support employers through a range of tools and non-statutory guidance, including an optional prevention plan template to guide the risk management process.

5.     To ensure compliance by providing a practical code to help employers meet their duties under the Regulations.

These regulations are part of a broader effort to address the increasing prevalence of work-related mental injuries and to create a safer, more supportive work environment for all employees.

WorkSafe explained that they was now a prescribed risk management process which requires all employers to identify psychosocial hazards and to control the risks by eliminating or reducing the risks as far as reasonably practicable.


The risk management cycle

(see image below)

Step 1. Identify hazards

Step 2. Assess the risks (including likelihood and consequence)

Step 3: Control the risks (in line with the Hierarchy of Control)

Step 4: Review – monitor, review and revise

Throughout the process, consultation must occur


Hierarchy of Control

(see image below)

The WorkSafe representatives explained the hierarchy of control for psychosocial hazards – noting that elimination is the first priority, and if not possible then there were ways to reduce the risk by making changes to limit exposure or to reduce the effects of exposure to the psychosocial hazard.

In most cases, information, instruction or training will form part of the management of the risk. However, this should be in combination with higher order controls due to the fact that these are the least effective option.


Compliance code

The new compliance code Compliance code: Psychological health | WorkSafe Victoria provides a comprehensive guide to what is required in relation to the new Regulations.


Hazard prevention plan

There is a psychological hazard prevention plan template which can be found at:

Prevention plans for psychosocial hazards | WorkSafe Victoria which is a simple way to go through the risk management process and to document it.

Prevention plans are not mandatory – although strongly encouraged. You can use another method to carry out and record your risk management process.


Enforcement

WorkSafe inspectors may issue improvement notices in the same way as they do for physical hazards. Inspectors will be addressing complaints as well as conducting proactive and strategic workplace visits.

All employers, whether in a large or small business, will be required to comply.


Reporting

Employers need to treat psychological hazards in the same way as physical risks – so you can use your existing internal reporting processes for these too, although they may need to be adapted for this purpose.

There are no new mandatory reporting requirements.


Commencement

The Regulations commence on 1st December 2025, to allow time for employers to prepare.

It was noted by WorkSafe that the obligation to provide a work environment without risks to psychological health is already required under The Act and that there has been significant lead-time to the new Regulations. Therefore, there is an expectation that employers are already across the requirements, however there is still time prior to  1st December 2025 to ensure compliance with The Regulations.

Before December, employers should have in place: evidence of having identified and controlled psychosocial hazards and have a prevention plan (or alternative) in place, noting that consultation with employees must occur as part of this process.


Key takeaways:

  • Employees psychological health must be treated equally to physical health.
  • The Regulations and Compliance Code provide the guidance to employers on how to do that in the most effective way.
  • Employers are encouraged to have a close look at the Compliance Code, which provides practical guidance.
  • Risk management is an ongoing process, not a ‘set and forget’, there is a process of continuous improvement. This means ongoing monitoring and review of psychological risks and the controls.


For more information and resources:

WorkSafe psychological health page: Psychological health | WorkSafe Victoria

To view the full webinar: https://tsglive.com.au/HSMweb3

The Creswick Mine Disaster

By admin • December 1, 2025
On 12 th December 1882, Creswick became the location of a mining disaster which holds, to this day, the record for the deadliest mine disaster in Australia’s history. There were 41 men who were on shift on the night of the 11 th December working in the New Australasian No.2 Gold Mine. They descended 250 feet (76m) from the surface and then made their way a further 2000 feet (600m) to the face where they were mining. It was at 5.30am the next morning when a working shaft came too close to an older flooded parallel shaft – resulting in water flooding into the newer working part of the mine. 27 miners became trapped, but were able to reach a small air pocket in a space known as the No.11 jump-up. Here they stayed trapped for 2-3 days. They wrote messages on their crib pails to their families and sang together and prayed. The rescue mission involved 2 days of frantic pumping of the floodwaters and Navy divers hurried from the ship HMVS Cerberus to help. By the time they were reached, after 3 days, 22 men had succumbed to the rising water levels and drowned. Only 5 of the 27 made it out alive. When the funeral was held, there were many thousands in attendance – 400 people marched in the procession and another 15,000 onlookers lined the streets. At this time there was no such thing as workers compensation to help the 18 wives and 63 children who were left behind. So, the community set up a relief fund to assist the families. This would be the birth of workers compensation in Australia. The Creswick Mine Disaster highlighted the need for better safety regulations in mining operations. It would remain the largest loss of life in a workplace incident in Australia for nearly 90 years, when The West Gate Bridge Collapsed in 1970. For more information on the Creswick Mining Disaster Australasian Mining Disaster | Creswick Museum List of the Dead Christian Frederick Fisher (55) Wittenburg, Germany James Carmoody (53) County Clare, Ireland George Baulcomb (52 & 10 months) Maidstone, Kent, England Nathaniel Trescowthick (45) Cornwall, England Michael Hayes (45) Ireland John Gower (44) Lyminge, Kent, England William Curtis (42) Gwennap, Cornwall, England James Minahan (38) County Clare, Ireland William Tregloan (37 & 6 months) Marazion, Cornwall Edward Campon Dargon (36) Kilkenny, Ireland Anton Andersson (36) Christianstada, Finland John Henry Crougey(35) Stithians, Cornwall, England James Mitchell Temby (35) Redruth, Cornwall, England James O’Shea also known as James Walsh (34years & 11 months) County Waterford, Ireland Carl Waldemar Theodor Serrurier (34) Berlin, Prussia Thomas Penbertha Chegwin (31) Redruth, Cornwall, Ireland Abraham Wyatt (31) Adelaide, South Australia Jabez Bellingham (28) Worcestershire England Benjamin Bowen Bellingham (21) Happy Valley, Victoria. John Tom Clifton (27) Gainsborough, Lincolnshire, England Edward Wood (26) Oldham, Lancashire, England John Thomas Hodge (18) Creswick Survivors Peter Maloney John Manley died 25/1/1924 Tom Corbett died 31/5/1935 Creswick Cornelius Quirk died Feb. 1922 Milawa Patrick Bowen died 26/3/1909 Creswick

HSRs are not Union Reps: Clearing the confusion

By admin • November 24, 2025
When it comes to workplace safety, one role often misunderstood is that of the Health and Safety Representative (HSR) . Many people assume HSRs are the same as union representatives — but that’s not the case. While both roles aim to protect workers’ interests, their focus, powers, and responsibilities are quite different. What Is an HSR? An HSR is a worker elected by their peers to represent their health and safety interests . They are chosen from within a designated work group and act as a direct link between workers and management on safety matters. Under the Occupational Health and Safety Act 2004 (Vic) , HSRs have specific powers, such as: Inspecting the workplace for hazards. Accompanying WorkSafe inspectors during visits. Requesting the formation of a health and safety committee. Issuing Provisional Improvement Notices (PINs) Importantly, HSRs do not negotiate pay, conditions, or other industrial matters — their role is purely about health and safety. How They Differ from Union Representatives Union representatives (or delegates) are appointed or elected to represent workers on a wide range of workplace issues, including wages, rosters, and employment conditions. They may also support members in disputes or negotiations with employers. While an HSR can be a union member — and unions often provide training and support to HSRs — the position itself is independent of union affiliation . You don’t need to be in a union to be elected as an HSR, and you don’t automatically become a union rep by taking on the role. Why the Distinction Matters Confusing the two roles can lead to misunderstandings in the workplace. For example: Employers might wrongly assume HSRs are pushing a union agenda, when in fact they are fulfilling legal safety duties. Workers might hesitate to raise safety concerns with an HSR if they are not themselves a union member, due to confusion about their role. By recognising that HSRs are safety advocates, not industrial negotiators , workplaces can foster more open, constructive conversations about keeping everyone safe. Bottom line: In Victoria, HSRs are there to represent their co-workers on OHS matters, helping to make sure your workplace is safe. Whether you’re in a union or not, you can elect an HSR. This is a key way to ensure that consultation is occurring and that you have a conduit through which to raise health and safety concerns. Remember: HSRs = Safety advocates under the OHS Act. Union Reps = Industrial advocates under workplace laws. So, it is important to know that you can (and have a legislated right to) elect an HSR at your workplace whether or not you work in a unionised workplace. All workplaces will benefit from having elected HSRs and safety structures in place – AND this has been proven to result in safer workplaces. Not sure how to elect an HSR? Reach out to us at admin@besafevictoria.com.au