SafeWork NSW Psychosocial compliance

As of July 2025, SafeWork New South Wales was formally established as an independent regulator under the Work Health and Safety Amendment (Standalone Regulator) Act 2025 (NSW). Since this announcement, SafeWork NSW have increased efforts on identifying and punishing instances of non-compliance exponentially.

In the same month they became the standalone regulator, they conducted the largest compliance blitz seen in a decade in New South Wales. Between the 2nd and 4th July, SafeWork issued over 500 notices for non-compliance to businesses. Little over three months later, they then conducted the largest ever compliance blitz in October. During this instance, 570 unannounced workplace compliance checks were conducted. This resulted in 736 non-compliance notices being issued to 261 employers, 10 of which resulted in fines which totalled over $60,000.

With SafeWork planning to further this commitment with the aim of increasing compliance inspections by 25% until 2026, many businesses are concerned over whether they have the measures in place to remain compliant. This is especially concerning businesses who do not have reliable mental health measures in place. SafeWork NSW has announced that their top regulatory priority is psychosocial risks, given they’ve invested in more psychosocial inspectors and investigators. In addition to this, they also conducted 228 specific psychosocial checks in the October blitz.

Now is the time for businesses to act and ensure they are prepared for any surprise compliance inspections. Discover what businesses should be aware of, and the measures they can implement to ensure compliance and prevent possible fines.

What are the key workplace safety regulations under SafeWork NSW?

The key workplace psychosocial safety businesses need to remain aware of to ensure compliance are as follows:

• Work Health and Safety Act 2011 No 10

• Work Health and Safety Regulation 2025

1. The Work Health and Safety Act 2011

Under this act, businesses are required to protect the health, safety and welfare of employees and others in the workplace. This act establishes that employers have a duty of care to staff which involves eliminating risks where possible to minimise harm to employee health and safety. This includes employee mental health.

Employees must be safeguarded from sources of psychosocial harm such as stress, poor work-life balance, excessive workloads and workplace bullying. Offences and penalties are clearly defined, therefore breaching this legislation can result in a variety of punishable offences for an employer.

2. Work Health and Safety Regulation 2025

This updated regulation places a greater emphasis on psychological risks and outlines a precedent for increased on-the-spot fines for non-compliance. This regulation now requires a hierarchy of control measures on psychosocial risks and requires employers to approach these risks with the same level of care as risks of physical harm. This involves dedicated control measures rather than singular policies, directly referring to issues of excessive workloads, unreasonable performance metrics and overbearing surveillance.

Using Wisdom Wellbeing’s Employee Assistance Programme (EAP) for SafeWork NSW psychosocial regulation compliance

With updated regulations and increased compliance inspections, employers may panic with confusion over whether they are now compliant with workplace health and safety legislation, especially with a greater focus on psychosocial risks. Many will have prepared for physical risks, has the measures and support in place to ensure compliance. With Wisdom Wellbeing’s Employee Assistance Programme (EAP), they can achieve the same.

Organisational leadership teams may be able to provide some mental health support to employees through simple measures such as regular one-to-ones and check-ups but will likely lack the mental health expertise to address an issue such as depression. With Wisdom Wellbeing, employees are granted access to professional counselling from accredited experts, 24/7, 365-days a year. Whether it be to overcome stress, instances of low mood or mental health issues such as depression or anxiety, our team can provide expert advice and solutions to overcome these issues and ensure employee mental wellbeing. Along with this, employees have access to financial and legal advice to issues with expertise and ensure they do not negatively impact an individual’s mental health.

To further compliment the services available to employees to boost and maintain healthy employee mental wellbeing, they are granted exclusive access to the Wisdom app, providing a one-stop shop for wellbeing. Loaded with resources to handle stress, calm the mind and providing another avenue of communication with our counselling team using the in-app live chat, employees can feel supported and able to manage their mental health.

Conclusion

The commitment to protecting employee mental health is greater than ever. With new regulations and ever-increasing compliance checks, the risk for employers failing to manage employee psychosocial issues effectively is huge. The commitment by SafeWork NSW to continue compliance checks, announced or not means the time to act is now. Mental health is not an issue that can wait, and SafeWork NSW will ensure that businesses cannot rest on their laurels on employee mental health.

Is Your Business Ready for a Surprise Inspection?

With SafeWork NSW now operating as a standalone regulator and unannounced "psychosocial blitzes" becoming the new standard, the risk of non-compliance has never been higher. A single inspection can result in thousands of dollars in fines and significant damage to your professional reputation. More importantly, it can reveal gaps in your duty of care that leave your most valuable assets - your people - vulnerable.

Don't wait for a knock on the door to find out if your mental health measures meet the 2025 regulatory standards. Wisdom Wellbeing provides the expert framework you need to move from "hoping you're compliant" to "knowing you're protected."

Take the proactive step today to safeguard your business and your staff:

• Implement a Compliant EAP: Provide your team with 24/7 access to accredited mental health experts, ensuring you meet the "hierarchy of control" requirements for psychosocial risks.

• Empower Your Leadership: Use our Wisdom app and professional resources to bridge the gap between simple check-ins and expert psychological support.

• Mitigate Regulatory Risk: Align your business with the Work Health and Safety Regulation 2025 by treating mental wellbeing with the same rigor as physical safety.

The window for "resting on your laurels" has closed. Ensure your business is prepared, protected, and truly supportive.

Contact Wisdom Wellbeing on 1800 868 659 to speak with a wellbeing consultant about integrating our compliant EAP into your workplace.