For years, we\u2019ve understood that if you injure yourself at work, your employer has responsibilities, and you have rights. Physical injuries have long been recognised as workplace hazards, something you can claim compensation for and something businesses must actively prevent.<\/p>\n
Now, the Australia is shifting its definition of a workplace injury, to include psychological harms, too. Stress, burnout<\/a>, trauma and toxic workplace behaviour are no longer seen as personal weaknesses or \u201cpart of the job.\u201d New codes of practice around psychosocial risks have been adopted in states across Australian including Queensland<\/a>, Australian Capital Territory<\/a> and New South Wales.<\/p>\n Looking specifically at the NSW Work Health and Safety Act<\/a>, mental health has always been included in the definition of \u201chealth\u201d \u2014 but with the introduction of the Psychosocial Hazards Code of Practice<\/a>, employers are now expected to treat psychological risks with the same seriousness as physical ones.<\/p>\n Here’s what you need to know.<\/p>\n <\/p>\n Under WHS laws, people conducting a business or undertaking \u2014 known as PCBUs \u2014 must eliminate or minimise psychosocial risks so far as is reasonably practicable. It\u2019s the same legal test used for physical risks, now applied explicitly to mental health.<\/p>\n The Code of Practice doesn\u2019t introduce new laws, but it does clarify how existing obligations apply to psychological harm. There is only a legal effect once a jurisdiction formally approves it, which NSW has. That means that, in this state, workplaces are required to treat psychosocial hazards as genuine safety risks, and they can be held accountable if they don\u2019t.<\/p>\n Put simply: if you work in NSW, and your employer uses this Code of Practice, they have a legal responsibility to protect you from foreseeable psychological harm. This extends beyond things like workplace bullying or harrassment, to everyday pressures, structures and conditions that can erode mental wellbeing.<\/p>\n <\/p>\n According to the NSW Code, ‘psychosocial hazards’ are aspects of work and workplace situations that create a stress response \u2014 one strong enough to lead to psychological or physical harm.<\/p>\n These hazards can stem from four broad areas:<\/p>\n Individually, any of these factors can cause harm. But the Code emphasises that workers are most at risk when multiple hazards stack up \u2014 for example, when a high workload is combined with unclear expectations, poor support and conflict within a team.<\/p>\n Some specific examples listed in the NSW Code include:<\/p>\n <\/p>\n Like physical risks, psychosocial hazards must be managed through a structured process. The Code of Practice breaks it down into four steps:<\/p>\n 1. Identify the hazards<\/strong><\/p>\n Workplaces need to actively look for sources of psychological harm. This usually involves talking to workers, reviewing complaints or incidents, and noticing patterns of stress or burnout.<\/p>\n 2. Assess the risks<\/strong><\/p>\n Once hazards are identified, employers must consider how often they occur, how severe the impact could be, and whether multiple hazards are happening at once.<\/p>\n 3. Control the risks<\/strong><\/p>\n Employers then need to put practical measures in place. This might mean adjusting workloads, improving communication, offering better supervision, or clarifying expectations.<\/p>\n 4. Review and refine<\/strong><\/p>\n Workplaces change, so employers must keep checking in, making sure the measures are working and adjusting them when they\u2019re not.<\/p>\n <\/p>\n\nWhat is the Psychosocial Hazards Code of Practice?<\/h3>\n
So, what counts as a psychosocial hazard?<\/h3>\n
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How are psychosocial hazards dealt with?<\/h3>\n