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EAP and WHS Compliance in Australia | Supporting Workplace Mental Health
Last Updated 25/9/25 By Vanessa Cortez
EAP Programs @ Mindway EAP
Work Health and Safety (WHS) laws in Australia require employers to provide a safe workplace, and this now includes psychological health, not just physical hazards. From stress and bullying to excessive workloads and poor organisational culture, psychosocial risks are being taken more seriously than ever by regulators.

Employee Assistance Programs (EAPs) have become one of the most effective ways for organisations to meet their obligations. While an EAP does not replace core WHS systems, it demonstrates that an employer is actively addressing mental health, offering confidential counselling, and supporting employees before issues escalate.

For businesses across industries, from construction and mining to offices and healthcare, integrating an EAP into their WHS strategy is both a compliance measure and a sign of a strong workplace culture.

What You’ll Learn in This Article
  • What WHS laws say about psychosocial risks in Australia
  • The role of EAPs in meeting compliance obligations
  • Whether EAPs are mandatory under WHS legislation
  • How EAPs support early intervention and reduce claims
  • A short example conversation about EAP and compliance
  • A real-world story of EAP preventing WHS breaches
  • The wider cultural benefits of linking EAP to safety

WHS Laws and Psychosocial Safety

Every employer has a duty of care under WHS legislation to eliminate or minimise risks to both physical and psychological health. Safe Work Australia has released a Code of Practice for Managing Psychosocial Hazards, which makes clear that stress, harassment, poor job design, and fatigue are all compliance issues.

EAPs are not just an employee benefit, they are evidence that a business is taking mental health seriously as part of its safety obligations.

Employee:
I’ve been feeling stressed and I’m worried about how it affects my work. Does the company do anything about that under WHS?
You:
Yes, under WHS laws we must look after both physical and psychological health. That’s why we provide an EAP, so you can get confidential support when needed.

Are EAPs Mandatory Under WHS Laws?

There is no legal requirement to provide an EAP. However, employers must prove they are taking “reasonably practicable steps” to protect employee wellbeing. For many industries, offering an EAP is considered a reasonable control measure to reduce psychosocial risks.

Without one, employers may struggle to show regulators that they are adequately managing workplace mental health hazards.

How EAPs Support Compliance

EAPs align with WHS obligations by:
  • Offering confidential counselling for stress, burnout, bullying, and personal issues
  • Supporting managers with guidance on handling sensitive employee matters
  • Providing early intervention before risks escalate into formal complaints or claims
  • Creating a paper trail that demonstrates proactive steps for regulators

This makes EAPs a strong compliance partner for HR teams, WHS officers, and business leaders.

"You can’t have a safe workplace without considering both physical and psychological health. WHS is about protecting the whole person." — Safe Work Australia

The Risks of Non-Compliance

Ignoring psychosocial safety obligations can lead to:
  • WHS regulator investigations and improvement notices
  • Costly workers’ compensation claims for stress and mental injury
  • Damage to reputation and staff trust
  • Higher absenteeism and turnover

EAPs help reduce these risks by providing structured, confidential, and accessible support for staff across all levels of the organisation.

Beyond Compliance: Building a Safety Culture

EAPs are most effective when integrated into a broader WHS framework. This can include mental health awareness training, workload management policies, and leadership development. By combining compliance with culture, businesses not only avoid penalties but also create healthier, more engaged teams.

A mid-sized construction firm was struggling with reports of bullying and excessive overtime among its site supervisors. Several employees threatened to lodge complaints under WHS, raising the risk of fines and investigations.

The company partnered with an EAP provider to offer counselling, mediation services, and resilience workshops. Employees began to use the program to raise issues early, while managers received coaching on better communication. When a WHS audit was carried out, the business was able to demonstrate clear steps to manage psychosocial risks, avoiding potential penalties and improving site culture.

Key Takeaways
  • WHS Covers Mental Health Too
    Employers must address psychosocial hazards as part of safety obligations.
  • EAPs Are Not Mandatory, But Valuable
    They provide evidence of reasonable action to support employee wellbeing.
  • EAPs Reduce WHS Risks
    By intervening early, they prevent issues from escalating into claims or investigations.
  • EAPs Build Safer Cultures
    Compliance is the starting point, the bigger benefit is a healthier, more engaged workforce.
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