The Legal Duty to Create a Mentally Healthy Workplace

The Occupational Health and Safety Act 2004 (Vic)

Under the Victorian Occupational Health and Safety Act 2004 (Vic) (the OHS Act), “Employers must provide and maintain a working environment that is safe and without risks to health”. Health includes mental health.

The Proposed OHS Amendment (Psychological Health) Regulations

Due to the rising number of workers seeking help for work-related psychological injury, WorkSafe Victoria has prepared the Occupational Health and Safety Amendment (Psychological Health) Regulations (the Proposed Regulations).

The Proposed Regulations will recognise that hazards that pose a risk to psychological health are no less harmful to workers’ safety and wellbeing than physical hazards.

The Proposed Regulations will:

Promote the importance of psychological health and safety in the workplace.
Clarify employer requirements to identify and control risks associated with psychosocial hazards and to review and, if necessary, revise risk-control measures associated with psychosocial hazards.
Require employers to put in place a written prevention plan for certain psychosocial hazards.
Require certain employers to periodically report data on complaints of bullying, sexual harassment and aggression and violence to WorkSafe.