Work-related stress and your legal duties
Employer obligations
The Occupational Health and Safety Act 2004 (OHS Act) requires employers to comply with various duties, so far as reasonably practicable, to ensure health and safety in their workplace.
Employers' duties include obligations to:
provide and maintain a working environment for employees that is safe and without risks to their health, including psychological health. This duty includes –
providing and maintaining safe systems of work
providing information, instruction, training and supervision so employees can perform their work safely and without risks to health
monitor the conditions of workplaces under the employer's management and control
monitor employee health
consult with employees and any health and safety representatives (HSRs) when doing certain things, for example, identifying or assessing hazards or risks and making decisions about measures to control those risks
attempt to resolve health and safety issues in line with any relevant agreed procedure or the relevant procedure prescribed by the Occupational Health and Safety Regulations 2017 (OHS Regulations)
In order to comply with their duties, employers:
must consult with employees and HSRs to identify or assess hazards or risks to health and safety at a workplace under the employer's management and control, including work-related factors that can cause or contribute to stress
where a risk has been identified, either eliminate the risk or implement measures to control it so far as is reasonably practicable
following a report/injury/incident involving stress, need to investigate whether work-related factors contributed
need to review and revise risk control measures
The definition of 'health' under the OHS Act includes 'psychological health', therefore any reference to OHS obligations in relation to the health of employees extends to their psychological health.
Employee obligations
Employees have a duty, while at work, to take reasonable care for their own health and safety, and to take reasonable care for the health and safety of people who might be affected by their acts or omissions in the workplace. Employees also have a duty to cooperate with their employer's actions to comply with requirements under the OHS Act and OHS Regulations.
Source:
https://www.worksafe.vic.gov.au/effects-work-related-stress