Long awaited changes to the Occupational Health and Safety Regulations 2017 (Vic) (OHS Regulations) to address risks to psychosocial health may be just around the corner for Victorian workplaces.
On 21 February 2025, the Victorian Government renewed its commitment to deliver amendments to the OHS Regulations to strengthen the management of psychosocial hazards in the workplace.
The Victorian Government anticipates that the amended regulations will be made in October 2025 and will take effect on 1 December 2025.
The amended regulations will be accompanied by a Compliance Code and supporting guidance material.
Background to the amended OHS Regulations
The Victorian Government announced its commitment to introducing amendments to the OHS Regulations in May 2021. WorkSafe Victoria then published an exposure draft of proposed amendments to the OHS Regulations in early 2022.
The draft proposed amendments were prepared following the Boland Review, the 2020 Respect@Work Report on sexual harassment, the Productivity Commission's inquiry into mental health, and the Royal Commission into Victoria's mental health system.
It has been three years since the draft proposed amendments were first published by WorkSafe Victoria. The Victorian Government has not yet provided details on how the amendments will be developed following the public comment process in early 2022, which received 79 submissions and what the final form of the amended OHS Regulations will be.
If passed in the form of the current draft proposed amendments, the amended OHS Regulations will require employers to:
- identify and control psychosocial hazards
- review, and if necessary, revise control measures associated with psychosocial hazards when triggered by specific circumstances
- have a written plan to prevent key psychosocial hazards (being aggression or violence, bullying, sexual harassment, high job demands, and/or exposure to traumatic content or events) where one or more of these hazards are identified
- periodically report on the number of complaints received involving aggression or violence, bullying, and/or sexual harassment to WorkSafe Victoria (if the employer has 50+ employees at any point during the reporting period).
The Victorian Government has confirmed that the amended regulations will be accompanied by a Compliance Code and supporting guidance material to assist employers in complying with their duties under the OHS Regulations.
At a glance: psychosocial health WHS regulations in Australia
Victoria is the only jurisdiction in Australia that has not yet implemented workplace health and safety (WHS) regulations directed at managing psychosocial hazards.
Implementing the proposed amendments to the OHS Regulations will align Victoria with the broader national framework of WHS regulations aimed at ensuring employers identify and control risks to psychosocial health in the workplace with the same level of rigour as they address risks to physical health.
What should employers do to prepare?
Employers who are required to comply with the OHS Regulations can start preparing for the proposed amendments now by:
- ensuring that the organisation has a plan for how it will consider and implement any changes or systems to comply with the proposed amendments (for example, assembling an implementation or compliance team with relevant stakeholders from across the organisation)
- reviewing the organisation's WHS policies, procedures and processes to ensure that they account for addressing risks to psychosocial health ensuring that the organisation's systems can effectively capture and report on data related to incidents and complaints associated with psychosocial hazards
- implementing or reviewing training, as well as policies and procedures, to ensure they appropriately address risks to psychosocial health and how to respond to or manage such risks if they arise
- regularly consulting with workers regarding risks to psychosocial health and reviewing the controls used to mitigate these risks.
For more information on how changes to WHS laws may impact your organisation, please contact our experienced Workplace Relations & Safety team.
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