Although employers have always had a duty to eliminate or mitigate health and safety risks in the workplace under work health and safety laws, there was a tendency to treat bullying and other psychological risks differently to physical risks.
To combat this tendency, in September 2022 the NSW Parliament passed the Work Health and Safety Amendment Regulation 2022 NSW (the Regulation). The Regulation amends and reforms the Work Health and Safety Act 2011 NSW and makes explicit that ‘persons conducting a business or undertaking’ (PCBUs) and employers have a duty to eliminate or minimise psychosocial risks and physical risks in the workplace in the same way. [...]
