A number of recent employment cases in Queensland have demonstrated that psychological health is being treated the same as physical safety, a workplace relations partner has said.
Queensland workers have made far more mental health claims than they have for physical injuries in the last decade, prompting swift regulatory changes that employers are required to keep on top of.
Holding Redlich partner Louise Hogg explained this is because awareness “has caught up with reality”, reporting workers are now more willing to access information online, recognise psychological harm, make reports, and seek support or compensation.
The government has also placed greater responsibility on employers to manage mental health risks, such as the requirement under the 2022 Psychosocial Hazards Code of Practice that workplaces take proactive action on issues like workload, burnout, and culture.
Within courtrooms, recent cases demonstrated that psychological health is being treated “on the same footing” as physical safety, and employers are expected to “promptly review and implement safer work practices, strengthen training, and improve reporting systems”.
“From the start of 2025, there was a particular focus in Queensland on preventing sexual harassment and sex- or gender-based harassment in the workplace, both of which are recognised psychosocial risks.
“Based on our work with clients, many employers were slow to implement required prevention plans and are now playing catch-up to meet their obligations,” Hogg told Lawyers Weekly and HR Leader.
Hogg explained compliance appears to be more common in industries such as construction, mining, healthcare, and education, largely due to existing safety frameworks, higher oversight and union presence.
In contrast, professional services, retail, hospitality, and smaller white-collar workplaces are more likely to be behind, “particularly where psychosocial risks like workload, burnout and workplace culture have not traditionally been treated as safety issues”, Hogg explained.
For those caught not complying, regulators can enforce a number of powers, including on-the-spot fines, improvement and prohibition notices, criminal prosecution and significant reputational damage.
This can also lead to higher absenteeism, lower productivity, and increased staff turnover, in addition to undermining trust in leadership and creating an unsupportive culture. This all then lends itself to a significant risk of complaints and claims.
Hogg said these companies should act quickly to conduct a psychosocial risk assessment and put appropriate controls in place, such as targeted training, up-to-date policies, improved reporting processes, and reviews into the workplace culture.
“Just as importantly, employees must be consulted in developing and implementing these measures to show genuine commitment to psychosocial safety,” Hogg added.
“Ongoing monitoring, regular review and clear documentation are critical to maintaining compliance and demonstrating due diligence under current regulatory expectations.”
