Hi Renata – My employer has presented a draft policy on psychosocial hazards to HSRs for feedback. This policy does not refer to or comply with the regulations due to commence in Victoria on 1 Dec 2025.
In addition, HSRs have been given only two weeks to provide feedback on the draft. I have responded that four weeks is required to provide meaningful feedback. I have requested a meeting at which HSRS can ask questions about the proposed policies.
Whilst the Psychological Health Regulations are not enforceable for another 17 days, it goes without saying that any policy that is implemented that fails to comply with the new obligations around controls is a one with an extremely short shelf life!
As to whether two weeks or four weeks is more appropriate for meaningful feedback, a complex policy and action plan relating to new legislation, should give reasonable time for HSRs to review and seek feedback from DWG members and their union. You know your workplace and the ways of communicating with your DWG best and if you feel that a longer period is needed to give informed feedback, then this is a fair position to take to the employer.
WorkSafe’s Guide to Part 7 - Employee representation handbook for workplaces advises employers to allow HSRs time to process and seek advice on information they are provided with and also how to give HSRs a reasonable opportunity to express their views – e.g. “A number of meetings may be required, depending on the matters involved. Employees and HSRs should be encouraged to ask questions, raise concerns, propose options, make recommendations and be part of the problem-solving process.” Realistically, that process could take more than two weeks.
When reviewing your employer’s proposed action plan and policy for the management of psychosocial hazards in your workplace, there are a couple of specific points to keep an eye out for:
- An Action Plan should make reference to the Victorian laws. Some employers are referencing ISO standards, but not the legislation relevant to this state. Standards are not mandatory – legislation is. Therefore, there should be links to the legislation that employers are required to comply with. The Victorian Psychological Regulations can be found here - Occupational Health and Safety (Psychological Health) Regulations 2025.
- The definition of Psychosocial Hazard can be found in the WorkSafe Compliance Code: Psychological health (page 4) – it is important to be working with the same definition. This publication is specifically to guide employers in complying with their duties and obligations, so your employers should have a copy on hand when developing their policies and procedures.
- The action plan must be developed in consultation with HSRs and employees, as per s.35 of the Victorian OHS Act.
- Do not accept “resilience training” as the solution to workplace psychosocial hazards – training of this type typically puts the onus onto employees to simply manage their distress better and if it is the only control considered, will be a breach of the employer’s duties under the new Regulations. The goal is for the employer to eliminate or mitigate the risk in order to protect employees.
- Proposed change to processes and systems within the workplace - s.35 of the OHS Act defines exactly when employers MUST consult with HSRs and employees – e.g. before changes are decided.
- The focus on “staff are responsible for each other’s safety and wellbeing” does not appropriately reflect the scope of duties and obligations of the employer as the primary responsible party.
- As of 1 December this year the Hierarchy of Controls for psychosocial hazards as per the Psychological Health Regulations must be followed in the workplace’s procedures for managing psychosocial hazards. You can download the related
Of course, going through this document with your inside knowledge of the systems, processes and culture of your workplace may highlight other areas of concern that need to be addressed before this is locked in. As an employee-elected health and safety representative you have rights and powers to take issues up with management and follow through to get things done. I recommend contacting your union directly for support and guidance through this process, particularly since this is a new piece of law and we want to start off on the best foot.
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