• Despite the fact that there is no legislation that mandates the implementation of Employee Assistance Programs at the present time, the Work Health and Safety Act (WHS) and WorkSafe Victoria both stipulate that employers are obligated to ensure that their employees are safe both physically and emotionally while they are there. The term "reasonably practicable" is a notion that is utilized by the law to state that businesses are required to take reasonable actions in order to eliminate or reduce mental health concerns when they are present. Giving an EAP has evolved as the standard method of fulfilling this obligation in a variety of industries. Although there is no specific "EAP law," businesses are obligated by law to safeguard their employees' mental health, and an employee assistance program (EAP) is one of the most effective and cost-effective methods to do so.

While it is increasingly expected that large and medium-sized enterprises would have official support systems in place, it is possible that smaller teams will be able to deal with emotional hazards via the use of informal well-being practices. Officials may question whether or not the employer has fulfilled its duty of care if an employee is harmed by factors such as bullying, burnout, or stress and the firm does not provide assistance in the form of an employee assistance program (EAP). The question of what measures are made to address psychological dangers is frequently posed by investigators working for WorkSafe and Fair Work. A workplace that is safe and up to date with contemporary safety requirements may be demonstrated by providing answers such as providing a 24-hour emotional support line, conducting critical event debriefings, providing therapy for stress or trauma, and providing wellness training for leaders.

Employees and supervisors alike are put in a heightened state of danger when mental health concerns are not addressed in the workplace. WorkSafe and Fair Work Australia are already investigating and fining businesses that do not tackle psychosocial hazards. In fact, these organizations are currently doing so. There are a number of potential effects, including regulatory action, claims of psychological harm, increased workers' compensation costs, damage to the company's reputation, and more personnel attrition. On the other side, businesses who have created EAPs have a lower risk exposure, the ability to recover from events more quickly, and better compliance results. Employee assistance programs (EAPs) are designed to help individuals become more resilient before a crisis ever occurs by shifting risk management from a reactive to a proactive approach.

In the end, employee assistance programs (EAPs) do more than merely adhere to the regulations; they also keep individuals and their job safe.