Legal Standards for Stress
Employers have a duty to provide a safe workplace under section 21 of the OHS Act 2004 as well as the duty to provide adequate training and information for you to be able to perform your role safely. They also have the duty to monitor the conditions of the workplace to make sure they are safe under section 22 and the duty to consult on matters relating to health and safety under Section 35. The OHS Act empowers HSRs to take action on workplace safety.
The new Occupational Health and Safety (Psychological Health) Regulations 2025 also require your employer to eliminate or mitigate psychosocial hazards using a modified Hierarchy of Controls. WorkSafe publishes the Compliance code: Psychological health to assist employers in complying with their duties under the OHS Act and OHS Regulations to proactively eliminate or mitigate psychosocial hazards in their workplace.
There is also a requirement for employers to consult and cooperate with safety and health representatives and other employees on a wide range of issues, under Section 4 of the OHS Act (more information).
OHS Reps resources
- Psychosocial hazards
- What are psychosocial hazards?
- What is work-related stress?
- Work Stress Questionnaire - OHS Reps
- Psych Health Survey Tool - OHS Reps
- Prevention Plan for Psychosocial Hazards - OHS Reps
- Hierarchy of Controls
Other Union resources
- ACTU: Mind Your Head campaign to improve workplace mental health
WorkSafe resources
- Compliance code: Psychological health
- Psychosocial hazards in the workplace
- Prevention plans for psychosocial hazards template
- Psychosocial risk assessment tools
Safe Work Australia resources
Updated May 2026