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Proposed OHS Amendment (Psychological Health) Regulations

Posted by Richard Forster on 11 May 2022

There is an ambitious timeline of 1st of July 2022 for the implementation of the above proposed law that will be supported by a new compliance code.

 WorkSafe has prepared the Occupational Health and Safety Amendment (Psychological Health) Regulations (proposed regulations). This is in response to the Victorian Government’s commitment to introduce regulations to address psychological health back in May 2021.

The proposed regulations aim to strengthen the occupational health and safety framework and will recognise that hazards that pose a risk to psychological health are no less harmful to workers’ safety and wellbeing than physical hazards.

They will also provide clearer guidance to employers on their obligations to better protect workers from mental injury.

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.

In developing the proposed regulations, WorkSafe has engage directly with key stakeholders, including employee and employer representatives, industry experts, medical and allied professionals, legal practitioners, and persons of lived experience to ensure all views and concerns were considered and understood.

Employers, employees, other interested parties and members of the public were invited to make submissions on the proposed regulations and associated Regulatory Impact Statement.

To view the proposed regulations please click the following link

https://engage.vic.gov.au/proposed-psychological-health-regulations

The proposed new psychological health compliance code will include information on how to identify and control risks to psychological health and, while not mandatory, duty holders that comply with the code will be taken to have complied with their duties under the OHS Act.

Author:Richard Forster

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