NSW psychosocial safety: 2025–26 changes and inspections

The workers compensation changes affect claims and premiums rather than your WHS duty. Check with the State Insurance Regulatory Authority (SIRA) or your insurer for which provisions are in force when a claim arises.

SafeWork NSW’s code page explains that reg 55C now expressly requires the hierarchy of controls where elimination is not reasonably practicable. In practice that means changing the work first, such as flexible working or redesigning how tasks are done, before relying on training or coping strategies.

• Identify hazards arising from how work is designed and managed, the environment and workplace behaviours.
• Assess duration, frequency and severity of exposure, and how hazards combine.
• Consult workers and health and safety representatives at each step.
• Record decisions and review controls when they are not working or something changes.

The four-step method is set out in psychosocial hazards and risk assessment, and the code-of-practice duty in NSW WHS codes of practice.

According to the SafeWork NSW media release of 9 October 2026:

• a statewide program in May and June 2026 visited more than 200 workplaces and issued more than 80 improvement notices about psychosocial hazards and risk management
• SafeWork NSW added 20 psychosocial-focused inspectors in 2026
• 20.5% of requests for service it receives raise psychosocial harm
• the four industries seeking the most psychosocial assistance are construction, education and training, healthcare and social assistance, and retail

The release gives the length as six weeks but no end date. Six weeks from 9 October is around 20 November 2026.

Have these ready to show an inspector:

• a list of psychosocial hazards for each role or work area, with how you identified them
• risk assessments or a risk register showing exposure and the controls chosen
• controls that change the work (staffing, workloads, rosters, systems), not only an employee assistance program or training
• records of consultation with workers and health and safety representatives
• how complaints, incidents, absence and turnover data feed into reviews
• if you received an improvement notice earlier in 2026, evidence it was complied with

An inspector can refer to a code of practice when issuing an improvement or prohibition notice. If you manage a hazard differently from the code, document why your approach gives an equivalent or higher standard.

As at 5 November 2026 only the provisions about guidelines for a new entry permit holder power have commenced. When it starts, that power will let entry permit holders require reasonable assistance to inspect a digital work system relevant to a suspected contravention, with 48 hours’ to 14 days’ notice. See SafeWork NSW’s summary. If you use rostering, task allocation or performance-monitoring software, include it in your psychosocial hazard identification now.

• Run the psychosocial risk self-assessment to find gaps before an inspector does.
• Use the consultation duty checker to confirm who you must consult.
• Officers can test their due diligence with the officer due diligence audit.
• For bullying complaints, see workplace bullying obligations.