WHS Laws and Psychosocial Safety
It is the obligation of every manager to ensure that there are no or very few threats to the physical and mental health of their employees, as stipulated by the rules governing workplace health and safety standards. A Code of Practice for Managing Psychosocial Hazards has been developed by Safe Work Australia. This Code of Practice makes it abundantly clear that violations of the principles can result in a range of undesirable outcomes, such as stress, abuse, poor job design, and weariness. Safety Work Australia has developed this Code of Practice. As part of the firm's safety duties, employee assistance programs (EAPs) are more than just a benefit for employees; they are also a demonstration that the organisation cares about the mental health of its employees.
Are EAPs Mandatory Under WHS Laws?
There is no legal requirement whatsoever for an employee assistance program, also known as an EAP. On the other hand, companies are obligated to provide evidence that they are taking precautions that are "reasonably practicable" in order to protect the well-being and safety of their workforce. It is generally agreed upon that the implementation of an employee assistance program (EAP) is an acceptable strategy for lowering the psychological and social risks that are present in a range of different businesses. If a record of this kind is not available, it may be difficult for businesses to demonstrate to the relevant authorities that they are successfully managing mental health risks within the organisation.
How EAPs Support Compliance
When employee assistance programs (EAPs) comply with workplace health and safety regulations, they offer confidential assistance for a variety of issues, including anxiety, burnout, bullying, and personal challenges; they also provide managers with guidance on how to handle sensitive staff matters; they intervene early before potential risks escalate into formal complaints; and they create written records that demonstrate the steps taken to ensure workplace safety. For these reasons, employee assistance programs (EAPs) are a significant tool that human resources teams, workplace health and safety officers, and company leaders may use to ensure compliance while also supporting the wellness of individual employees.
The Risks of Non-Compliance
As part of your psychological safety responsibilities, you may be required to take actions such as conducting reviews or issuing warnings. Failing to fulfil these responsibilities may result in costly workers' compensation claims for mental harm or stress, damage to reputation, loss of employee trust, and higher rates of absenteeism and turnover. Employee Assistance Programs (EAPs) offer support that is organised, confidential, and easily accessible to employees at all levels of a company. This type of support assists organisations in managing risks while simultaneously improving employee welfare.
Beyond Compliance: Building a Safety Culture
When EAPs are integrated into a larger WHS system, they perform at their highest level of effectiveness. The cultivation of leaders, the acquisition of knowledge on mental health, and the establishment of standards for how to manage work time are all examples of what this might encompass. Businesses have the potential to eliminate the possibility of incurring penalties, enhance the health of their employees, and increase the motivation of their workforce if they combine compliance with culture.

Ideal for organisations that want to start small and scale as needed. Only pay when your team uses the service.
Included in PAYG:
✔️ Pay per session model
✔️ Tailored Mindfulness Program
✔️ Professional support within 12–36 hours
✔️ 24/7/365 booking number
✔️ Real-time analytics portal
Best for teams seeking consistent, proactive support with built-in sessions and added value for managers and leaders.
Includes everything in PAYG, plus:
✔️ Set sessions included per employee, per year.
✔️ Dedicated program specialist
✔️ Priority critical incident support
✔️ Monthly live leadership/manager training (mental health, leadership, communication & more)
Support your team with personalised and fast support. Fill out the form below to get a personalised EAP for your organisation.