Regulations 55A–55D: WHS Psychosocial Hazards

Regulatory citation: Model Work Health and Safety Regulations, Regulations 55A–55D (Managing psychosocial risks)

What Are the WHS Psychosocial Hazard Regulations?

Australia's model Work Health and Safety Regulations were amended in 2022 to add specific requirements for managing psychosocial risks, set out in Regulations 55A to 55D. The amendments make clear that a PCBU's duty to manage health and safety risks covers psychological health just as much as physical health. Safe Work Australia also published a model Code of Practice, Managing psychosocial hazards at work, to explain how to comply.

Why These Regulations Matter

The primary duty of care under the WHS Act already covered psychological health, but the regulations remove any doubt. They require psychosocial risks to be managed with the same structured, risk-based approach used for physical hazards such as falls, machinery and chemicals. Most jurisdictions that use the model laws have adopted these provisions, although numbering, timing and supporting codes vary. Victoria regulates psychological health under its own OHS laws.

What Is a Psychosocial Hazard?

Psychosocial hazards are aspects of work and situations that may cause a stress response, which in turn can lead to psychological or physical harm. They can arise from the design of tasks and jobs, how work is organized and supervised, the equipment and working environment, and relationships and interactions at work.

Common Psychosocial Hazards

The Code of Practice identifies common hazards including:

• High or low job demands (role overload or underload)
• Low job control
• Poor support from supervisors or co-workers
• Lack of role clarity or role conflict
• Poor organizational change management
• Inadequate reward and recognition
• Poor organizational or procedural justice
• Traumatic events or material
• Remote or isolated work
• Poor physical environment
• Violence and aggression
• Bullying
• Harassment, including sexual harassment
• Conflict or poor workplace relationships

Core Obligations

1. Identify and Eliminate Psychosocial Risks

PCBUs must eliminate psychosocial risks so far as is reasonably practicable, and where elimination is not reasonably practicable, minimize them so far as is reasonably practicable.

2. Apply the Hierarchy of Controls

Control measures should follow the same hierarchy used for physical hazards. Changing how work is designed and organized, such as adjusting workloads, staffing and rosters, generally ranks above lower-order controls like training or employee assistance programs.

3. Consider Relevant Factors When Choosing Controls

When determining control measures, PCBUs must consider all relevant matters, including the duration, frequency and severity of exposure, how hazards may interact or combine, the design of work, the systems of work, the physical environment and the workplace interactions and behaviors involved.

4. Consult With Workers

Workers and health and safety representatives must be consulted when identifying psychosocial hazards and deciding on controls. Workers are often best placed to explain where excessive demands, conflict or poor support exist.

5. Review Control Measures

Controls must be maintained and reviewed, including when they are not working, after an incident or complaint, or when work changes, such as during restructures or new shift patterns.

Common Compliance Approaches

Psychosocial Risk Assessments

Use surveys, focus groups, incident and complaint data, absenteeism and turnover trends, and workers' compensation claims to identify where psychosocial hazards exist and how severe they are.

Work Design Changes

Address root causes by adjusting workloads, clarifying roles, improving rosters, providing adequate resourcing and giving workers more input into how their work is done.

Clear Reporting and Response Processes

Provide confidential ways to raise concerns about bullying, harassment or excessive workload, and respond promptly and fairly. Poor handling of complaints can itself be a psychosocial hazard.

Supervisor Capability

Train supervisors to recognize early warning signs, manage conflict and support workers, since supervisor behavior strongly shapes most psychosocial risks.

Example: Managing Psychosocial Hazards in Practice

A regional health service notices rising sick leave and turnover among night-shift nurses. A consultation process and short survey identify high workloads, frequent aggression from patients' visitors and limited supervisor support overnight as key hazards. The PCBU adjusts staffing ratios on high-demand shifts, installs duress alarms and improves security presence, introduces a senior nurse on call for overnight support, and provides training on managing aggressive behavior. It schedules a review of the controls six months later using the same survey measures. This approach tackles the hazards at their source first, before relying on training and support services.

Frequently Asked Questions

Are psychosocial hazards covered by WHS law?

Yes. The primary duty of care in the WHS Act covers both physical and psychological health, and the model WHS Regulations include specific requirements for managing psychosocial risks. Under these rules, PCBUs must identify psychosocial hazards, eliminate the risks where reasonably practicable, and otherwise minimize them using effective control measures. Because each state and territory adopts the model laws separately, businesses should check the specific regulation and code of practice that apply in their jurisdiction.

What are examples of psychosocial hazards at work?

Common examples include high job demands and unreasonable workloads, low control over how work is done, poor support from managers or colleagues, unclear roles, poorly managed organizational change, bullying, harassment including sexual harassment, violence and aggression from customers or others, exposure to traumatic events, remote or isolated work, and conflict or poor workplace relationships. Hazards often combine, so a worker facing high demands and poor support at the same time may be at greater risk than either hazard alone would suggest.

Is providing an employee assistance program (EAP) enough to comply?

Usually not on its own. An EAP is a valuable support measure, but it helps workers after harm has started rather than preventing the hazard. The regulations expect PCBUs to apply the hierarchy of controls, which means first looking at how work is designed and organized, such as workloads, staffing, rosters and role clarity. EAPs, resilience training and similar measures are best used alongside those higher-order controls, not instead of them.

How should businesses consult workers about psychosocial hazards?

Consultation can include anonymous surveys, team discussions, focus groups, health and safety committee meetings and involving health and safety representatives in risk assessments. Because psychosocial topics can be sensitive, confidentiality and trust are important. Workers need to feel safe sharing concerns about workloads, managers or colleagues without fear of retaliation. Businesses should also report back on what was heard and what actions were taken, since visible follow-through encourages ongoing participation.