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EAP and WorkSafe Victoria | Supporting Mental Health & Compliance
Last Updated 25/9/25 By Vanessa Cortez
EAP Programs @ Mindway EAP
WorkSafe Victoria has made it clear: mental health at work is just as important as physical safety. Under Victoria’s Occupational Health and Safety (OHS) Act, employers must take steps to prevent both physical and psychological harm in the workplace.

This shift places psychosocial hazards, such as high job demands, poor support, bullying, or lack of role clarity, at the forefront of compliance. Failure to address these risks can result in investigations, penalties, and reputational damage.

One way employers are demonstrating compliance is by offering Employee Assistance Programs (EAPs). While EAPs are not strictly mandatory under WorkSafe Victoria’s laws, they are a practical, visible, and effective step towards meeting obligations around psychological safety. For employees, EAPs provide confidential support to deal with stress, conflict, trauma, or personal challenges. For employers, they show WorkSafe inspectors that proactive measures are being taken.

What You’ll Learn in This Article
  • The role of WorkSafe Victoria in regulating psychosocial hazards
  • Whether EAPs are mandatory under Victorian OHS law
  • How EAPs help prevent psychosocial risks in workplaces
  • Examples of EAPs supporting compliance in real organisations
  • Conversations between employees and employers about EAP use
  • Why EAPs are becoming a standard expectation in high-risk industries

Understanding WorkSafe Victoria’s Psychosocial Safety Focus

WorkSafe Victoria defines psychosocial hazards as factors in the workplace that can cause psychological harm. This includes high workload, low job control, exposure to trauma, bullying, and poor support. Employers are legally required to identify and control these risks in the same way they manage physical hazards.

EAPs complement this framework by giving staff a safe outlet for addressing these risks. For instance, when workload stress or interpersonal conflict emerges, employees can use the EAP to process emotions and develop coping strategies before it leads to burnout or resignation. For employers, this demonstrates alignment with WorkSafe’s compliance expectations.

Are EAPs Mandatory Under WorkSafe Victoria?

EAPs are not explicitly mandatory under the OHS Act. However, the law requires employers to take “reasonably practicable” steps to prevent harm. What is considered “reasonable” will depend on the workplace’s size, risks, and resources.

For a large employer or an organisation operating in high-stress environments (like healthcare, emergency services, or construction), having an EAP is often seen as a reasonable and expected measure. Inspectors may question whether a business without an EAP has done enough to mitigate psychological risks.

So while EAPs aren’t legally required, they are increasingly seen as part of best-practice compliance under WorkSafe Victoria.

Employee:
I’ve been struggling since that incident onsite. I’m not sure who to talk to, and I don’t want to make a formal complaint
You:
I understand. We have an EAP you can access confidentially, it’s there to help you work through stress, trauma, or any challenges without it affecting your record here.

How EAPs Help Control Psychosocial Hazards

An EAP directly addresses several of the psychosocial hazards listed by WorkSafe Victoria.

For example:
  • High job demands: Counsellors can help employees manage stress and build resilience.
  • Low job control: EAP sessions provide tools for communicating concerns constructively.
  • Bullying or conflict: Staff have access to confidential counselling and debriefing.
  • Exposure to trauma: Immediate crisis support helps employees recover safely.

By providing this structured support, employers reduce the likelihood of hazards escalating into claims, absenteeism, or WorkSafe complaints. In effect, the EAP becomes both a compliance measure and a wellbeing initiative.

The Broader Business Case

Beyond compliance, EAPs deliver measurable business benefits. Reduced absenteeism, lower turnover, and higher engagement all translate into cost savings. In industries where WorkSafe Victoria is highly active (construction, healthcare, manufacturing), demonstrating a proactive approach to psychological safety can also reduce insurance premiums and workers’ compensation claims.

Employers who adopt EAPs are not just avoiding penalties, they’re building safer, more sustainable workplaces that attract and retain talent.

"Psychological health and safety is just as critical as physical safety, workplaces must treat them with equal seriousness." — WorkSafe Victoria

The Future of EAP and Compliance

As WorkSafe Victoria continues to tighten its focus on psychosocial hazards, the expectation for employers to provide mental health support will only grow. While EAPs may not yet be mandatory, they are quickly becoming a standard compliance measure in the eyes of regulators, employees, and industry associations.

Businesses that invest now will be better prepared for future legal changes and cultural expectations.

A mid-sized construction company in Victoria was flagged during a WorkSafe inspection for not adequately addressing psychosocial risks. While their physical safety procedures were excellent, they had no formal system for managing stress, bullying, or trauma incidents.

In response, the company introduced an EAP as part of a broader wellbeing strategy. Employees who had previously been hesitant to raise concerns began using the service after a critical incident onsite. The EAP provider also delivered workshops on stress management and resilience, which helped staff feel more supported and engaged.

When WorkSafe conducted a follow-up review, inspectors noted that the company had taken significant steps to improve psychological safety. This not only prevented penalties but also boosted morale and retention.

Key Takeaways
  • EAPs Are Not Legally Mandatory
    But they are a strong way to demonstrate compliance with WorkSafe Victoria’s psychosocial safety obligations.
  • EAPs Help Manage Psychosocial Hazards
    From stress and conflict to trauma and bullying, EAPs provide structured, confidential support.
  • WorkSafe Inspectors Expect Proactive Measures
    Businesses without an EAP may struggle to show they’ve taken “reasonably practicable” steps.
  • EAPs Protect Both Staff and Employers
    They reduce risks of claims, improve wellbeing, and strengthen workplace culture.
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