Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic)

Occupational Health and Safety (Psychological Health) Regulations 2025

S.R. No. 103/2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definitions

5Act compliance notes

6Independent contractors

7Health and safety representatives

Part 2—General duties

8Proper installation, use and maintenance of risk control measures

9How to involve health and safety representatives in consultation

Part 3—Issue resolution procedures

10Application of this Part

11Parties to the resolution of issues

12Procedure for reporting issues

13Procedure for resolving issues

Part 4—Psychosocial hazards

14Identification of psychosocial hazards

15Control of risk

16Review of risk control measures

17Effect of this Part

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STATUTORY RULES 2025

S.R. No. 103/2025

Occupational Health and Safety Act 2004

Occupational Health and Safety (Psychological Health) Regulations 2025

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 30 September 2025

Responsible Minister:

BEN CARROLL
Minister for WorkSafe and the TAC

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to further the objects of the Occupational Health and Safety Act 2004 by providing for—

(a)the identification of psychosocial hazards; and

(b)the control of risks associated with psychosocial hazards; and

(c)the review of risk control measures associated with psychosocial hazards.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Commencement

These Regulations come into operation on 1 December 2025.

4Definitions

In these Regulations—

alter, in relation to plant, means to change the design of, add to or take away from the plant in a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

psychological response includes cognitive, emotional and behavioural responses and the physiological processes associated with them;

psychosocial hazard means any factor or factors in—

(a)the work design; or

(b)the systems of work; or

(c)the management of work; or

(d)the carrying out of the work; or

(e)personal or work-related interactions—

that may arise in the working environment and may cause an employee to experience one or more negative psychological responses that create a risk to the employee's health or safety;

Examples

Aggression or violence, bullying, exposure to traumatic events or content, high job demands, low job control, low job demands, low recognition and reward, low role clarity, poor environmental conditions, poor organisational change management, poor organisational justice, poor support, poor workplace relationships, remote or isolated work or sexual harassment.

Note

Health is defined in section 5(1) of the Act as including psychological health.

the Act means the Occupational Health and Safety Act 2004;

work design means the equipment, content and organisation of an employee's work tasks, activities, relationships and responsibilities within a job or role.

5Act compliance notes

If a note at the foot of a provision of these Regulations states "Act compliance" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note

A failure to comply with a duty or obligation under a section of the Act referred to in an "Act compliance" note is an offence to which a penalty applies.

6Independent contractors

(1)A provision of these Regulations that sets out a way that an employer complies with a duty under section 21 or 35 of the Act in relation to employees extends to the employer's duty under that section to an independent contractor engaged by the employer and any employees of the independent contractor.

(2)If a provision of these Regulations (other than subregulation (1)) provides that an employer's duty under another provision of these Regulations extends to an independent contractor—

(a)that other provision applies as if a reference to an employee were a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and

(b)the duty of the employer under that other provision extends to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

7Health and safety representatives

A reference in these Regulations to a health and safety representative includes a reference to a deputy health and safety representative if the health and safety representative has ceased to hold office or the health and safety representative is unable (because of absence or any other reason) to exercise the powers of a health and safety representative.

PART 2—GENERAL DUTIES

8Proper installation, use and maintenance of risk control measures

A person who is required by these Regulations to use any particular measure to control risk must ensure that the measure is properly installed (if applicable), used and maintained.

Note

Act compliance—sections 21, 22, 23, 24, 26, 29, 30 and 31 (see regulation 5).

9How to involve health and safety representatives in consultation

(1)This regulation applies if an employer is required under the Act or these Regulations to consult with employees on a matter and the employees are represented by a health and safety representative.

(2)For the purposes of section 35(4) of the Act, the employer must involve the health and safety representative in the consultation by—

(a)providing the health and safety representative with all of the information about the matter that the employer provides, or intends to provide, to the employees; and

(b)unless it is not reasonably practicable to do so, providing that information to the health and safety representative a reasonable time before providing the information to the employees; and

(c)inviting the health and safety representative to meet with the employer to consult about the matter; and

(d)if the invitation is accepted, or if otherwise requested by the health and safety representative, meeting with the health and safety representative to consult about the matter; and

(e)giving the health and safety representative a reasonable opportunity to express views about the matter; and

(f)taking into account the health and safety representative's views about the matter.

Note

Act compliance—section 35 (see regulation 5).

PART 3—ISSUE RESOLUTION PROCEDURES

10Application of this Part

For the purposes of section 73(1) of the Act, this Part sets out the procedure to facilitate the resolution of health and safety issues arising at a workplace or from the conduct of an employer's undertaking if there is no relevant agreed procedure for resolution of those issues.

11Parties to the resolution of issues

(1)For the purposes of section 73 of the Act, an employer must notify the employees, any health and safety representative and any health and safety committee in the appropriate manner and languages—

(a)as to whether the employer intends to participate in the resolution of an issue personally or to nominate an employer representative; and

(b)if an employer representative is to be nominated, of the name and position description of the employer representative.

Note

Employer representatives must meet the requirements set out in section 73(2)(a) and (b) of the Act.

(2)If an issue arises before an employer representative has been notified in accordance with subregulation (1) and the employer is not available, the senior manager employed by the employer in that part of the workplace where the issue has arisen is to be the employer representative for the purpose of attempting to resolve the health and safety issue.

(3)Only a health and safety representative, or if there is no health and safety representative, an employee nominated under subregulation (4), can act on behalf of employees affected by an issue.

Note

Section 57 of the Act states that if a health and safety representative ceases to hold office or is unable to exercise the powers of a health and safety representative then those powers may be exercised by a deputy health and safety representative.

(4)If there is no health and safety representative, the employees affected by an issue may nominate one or more employees to act on their behalf.

(5)At any stage in the resolution of an issue, a party may seek the assistance of any relevant organisation of employees or of employers to assist the parties to resolve the issue.

12Procedure for reporting issues

(1)This regulation applies if—

(a)a health or safety issue arises at a workplace or from the conduct of the undertaking of an employer; and

(b)an employee wishes to raise the issue for resolution.

(2)The employee must report the issue to—

(a)the health and safety representative, if there is a health and safety representative; or

(b)to the employer or employer representative, if there is no health and safety representative.

(3)An employee may take all steps to report an issue, including leaving the employee's part of the workplace, if the steps are reasonable in the circumstances.

(4)Nothing in this regulation prevents an employee from reporting the issue to the employer or any other person in addition to the health and safety representative.

13Procedure for resolving issues

(1)As soon as reasonably possible after a health or safety issue has been reported, the following persons must meet and try to resolve the issue—

(a)the employer or employer representative;

(b)the health and safety representative or any employee nominated under regulation 11(4) or the employees affected by the issue.

(2)For the purpose of resolving the health and safety issue as quickly and effectively as possible, the parties must take into account—

(a)the number and location of employees affected by the issue; and

(b)whether appropriate temporary measures are possible or desirable; and

(c)the time that may elapse before the issue is permanently resolved; and

(d)who, on behalf of the employer, is responsible for performing and overseeing any action agreed necessary to resolve the issue.

Note

Section 20 of the Act sets out the matters that must be considered in ensuring health and safety.

(3)If, after the resolution of the health and safety issue, a party involved in the resolution of that issue asks the employer to set out in writing the details of the issue and matters relating to its resolution, the employer must do so, to the satisfaction of all parties.

(4)As soon as reasonably possible after the resolution of an issue, the employer must ensure that details of any written or oral agreement between the parties are—

(a)brought to the attention of the employees affected by the issue; and

(b)sent to any health and safety committee.

(5)Any of the parties involved in the resolution may send details of any agreement between the parties referred to in subregulation (4) to any relevant organisation of employees or of employers.

(6)An agreement referred to in subregulation (4) must be—

(a)in a form that is approved by all parties; and

(b)communicated in the manner and in any language that is agreed by the parties to be appropriate.

Note

Part 4 of the Act sets out the duty of the employer to consult with employees, including involving the health and safety representative (if any). See also regulation 9.

PART 4—PSYCHOSOCIAL HAZARDS

14Identification of psychosocial hazards

An employer must, so far as is reasonably practicable, identify psychosocial hazards.

Notes

1Act compliance—section 21 (see regulation 5).

2Psychosocial hazard is defined in regulation 4.

3Regulation 6 applies to this regulation.

4Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of identifying hazards, and requires the involvement of the health and safety representative (if any). See also regulation 9.

15Control of risk

(1)An employer must, so far as is reasonably practicable, eliminate any risk associated with a psychosocial hazard.

(2)If it is not reasonably practicable to eliminate a risk associated with a psychosocial hazard, the employer must reduce the risk so far as is reasonably practicable by—

(a)altering—

(i)the management of work; or

(ii)the plant; or

(iii)the systems of work; or

(iv)the work design; or

(v)the workplace environment; or

(b)subject to subregulation (3), using information, instruction or training; or

(c)subject to subregulation (4), a combination of any of the measures referred to in paragraph (a) or (b).

(3)The employer may only exclusively use the control measures set out in subregulation (2)(b) if none of the control measures set out in subregulation (2)(a) are reasonably practicable.

(4)If using a combination of the control measures set out in subregulation (2)(a) and (b), a control measure set out in subregulation (2)(b) must not be the predominant control measure used.

Notes

1Act compliance—section 21 (see regulation 5).

2Regulation 6 applies to this regulation.

3Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 9.

16Review of risk control measures

(1)An employer must review and, if necessary, revise any measures implemented to control risks associated with any psychosocial hazards—

(a)before any alteration is made to any thing, process or system of work that is likely to result in changes to risks associated with psychosocial hazards; or

(b)if new or additional information about a psychosocial hazard becomes available to the employer; or

(c)if an employee, or a person on behalf of an employee, reports a psychological injury or a psychosocial hazard to the employer; or

(d)after any incident occurs to which Part 5 of the Act applies that involves one or more psychosocial hazards; or

(e)if, for any other reason, the risk control measures do not adequately control the risks associated with a psychosocial hazard; or

(f)after receiving a request from a health and safety representative.

Notes

1     Act compliance—section 21 (see regulation 5).

2     Regulation 6 applies to this subregulation.

(2)A health and safety representative may make a request under subregulation (1)(f) if the health and safety representative believes on reasonable grounds that—

(a)any of the circumstances referred to in subregulation (1)(a) to (e) exist; or

(b)the employer has failed—

(i)to properly review the risk control measures; or

(ii)to take account of any of the circumstances referred to in subregulation (1)(a) to (e) in conducting a review of, or revising, the risk control measures.

17Effect of this Part

(1)Nothing in this Part is to be construed as—

(a)conferring a right of action in civil proceedings in respect of a contravention of this Part; or

(b)conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings.

(2)Without limiting subregulation (1), nothing in this Part or any contravention of this Part gives rise to, or otherwise affects, any right, duty or liability in any civil proceedings, whether the claim is brought in tort, in contract, under statute or otherwise.

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