EAP and WorkSafe Victoria | Supporting Mental Health & Compliance
Last Updated 15/1/26 By Vanessa Cortez
EAP Programs @ Mindway EAP
It has been made very plain by WorkSafe Victoria that mental health in the workplace is of equal importance to their physical safety. In accordance with the Occupational Health and Safety (OHS) Act of Victoria, companies are required to take measures to protect their employees from both physical and psychological injury while they are on the job. Psychosocial hazards, such as high job demands, inadequate support, bullying, or a lack of position clarity, are brought to the forefront of compliance as a result of this shift. In the event that these risks are not addressed, it may lead to investigations, sanctions, and damage to the reputation of business.

Offering Employee Assistance Programs (also known as EAPs) is one manner in which firms are demonstrating compliance with regulations. Despite the fact that Employee Assistance Programs (EAPs) are not explicitly required by the requirements of WorkSafe Victoria, they are a step that is practical, visible, and successful in respect to meeting obligations for psychological safety. In order to help employees deal with stress, conflict, trauma, or personal issues, employee assistance programs (EAPs) offer confidential support. They demonstrate to WorkSafe inspectors that firms are taking preventative measures, which is beneficial to employers.

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

Occupational psychosocial risks are defined by WorkSafe Victoria as elements in the workplace that have the potential to cause psychological harm. Among these are a heavy workload, a lack of workplace management, involvement in traumatic experiences, bullying, and inadequate support. The same way that employers are required by law to detect and control physical hazards, they are also expected to identify and control these risks. EAPs are a useful addition to this framework since they provide employees with a secure location to discuss these issues. For instance, employees can use the Employee Assistance Program (EAP) to process their feelings and create coping mechanisms in the event that they experience stress due to their workload or interpersonal conflict. This can help them avoid burnout or resignation. For employers, this confirms that they are in accord with the compliance expectations set forth by WorkSafe.

Are EAPs Mandatory Under WorkSafe Victoria?

Occupational psychosocial risks are defined by WorkSafe Victoria as elements in the workplace that have the potential to cause psychological harm. Among these are a heavy workload, a lack of workplace management, involvement in traumatic experiences, bullying, and inadequate support. The same way that employers are required by law to detect and control physical hazards, they are also expected to identify and control these risks. EAPs are a useful addition to this framework since they provide employees with a secure location to discuss these issues. For instance, employees can use the Employee Assistance Program (EAP) to process their feelings and create coping mechanisms in the event that they experience stress due to their workload or interpersonal conflict. This can help them avoid burnout or resignation. For employers, this confirms that they are in accord with the compliance expectations set forth by WorkSafe.

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

According to WorkSafe Victoria, an EAP tackles directly a number of the psychological dangers that have been identified. The management of high job demands is accomplished through therapy that assists employees in coping with stress and building resilience. On the other hand, poor job control is supported through the utilisation of instruments that facilitate constructive communication of concerns. Individuals who have been exposed to trauma are provided with immediate crisis help in order to aid in their recovery. Staff members who are experiencing bullying or conflict have access to confidential therapy and debriefing when they need it. As a result of the fact that businesses are able to reduce the possibility of risks developing into claims, absenteeism, or WorkSafe complaints through the provision of this structured support, the Employee Assistance Program (EAP) serves as both an effective compliance tool and a proactive wellbeing program.

The Broader Business Case

In addition to ensuring compliance, EAPs provide measurable advantages to businesses. The reduction of absenteeism, the reduction of turnover, and the increase in employee involvement all result in cost savings. Demonstrating a proactive attitude to psychological safety can help reduce insurance premiums and workers' compensation claims in industries where WorkSafe Victoria is particularly active, such as the construction industry, the healthcare industry, and the manufacturing industry. Employers who implement employee assistance programs (EAPs) are not only able to avoid penalties, but they are also able to construct workplaces that are safer, more sustainable, and more effective at attracting and retaining 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 increase its emphasis on psychosocial risks, the expectation that employers to provide support for mental health will only continue to increase. Although employee assistance programs (EAPs) are not yet required by law, they are rapidly becoming a common compliance tool in the eyes of regulators, employees, and organisations representing the sector. Those companies who make investments now will be better prepared for the cultural expectations and legal changes that may occur in the future.

An examination conducted by WorkSafe in Victoria revealed that a construction firm of medium size was not appropriately addressing the psychosocial hazards that were present in the workplace. The processes that they had in place for physical safety were outstanding; but, they did not have a formal structure in place to manage stress, bullying, or trauma occurrences. As a reaction, the corporation implemented an employee assistance program (EAP) as a component of a more comprehensive wellness strategy. Following the occurrence of a critical incident on the premises, employees who had previously been reluctant to voice their concerns started making use of the program. There were also sessions on stress management and resilience that were offered by the EAP provider. These workshops made employees feel more supported and involved in their work.

During the subsequent evaluation that was carried out by WorkSafe, the inspectors saw that the organisation had made substantial efforts to enhance the psychological safety of its employees. Not only did this alleviate the risk of penalties, but it also improved morale and retention rates.

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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