The WHS legislation and WHS Regulation sets out what PCBUs must do to comply with WHS laws.

The WHS Act requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers and others.

The WHS Regulation (clause 55D) states PCBUs must implement control measures—

1. To eliminate psychosocial risks so far as is reasonably practicable, and
2. If it is not reasonably practicable to eliminate psychosocial risks—to minimise the risks so far as is reasonably practicable.

The WHS Regulation (clause 55D(2)) reinforces that the duty holder must have regard for all relevant matters when managing psychosocial risks and selecting control measures. This includes:

1. The duration, frequency, and severity of the exposure of workers and other persons to the psychosocial hazards, and
2. How the psychosocial hazards may interact or combine, and
3. The design of work, including job demands and tasks, and
4. The systems of work, including how work is managed, organised, and supported, and
5. The design and layout, and environmental conditions, of the workplace, including the provision of
   1. safe means of entering and exiting the workplace, and
   2. facilities for the welfare of workers, and
6. The design and layout, and environmental conditions, of workers’ accommodation, and
7. The plant, substances, and structures at the workplace, and
8. Workplace interactions or behaviours, and
9. The information, training, instruction, and supervision provided to workers.

Under section 16 of the WHS Act, more than one person can have a duty around the same matter that may be leading to a psychosocial risk. All PCBUs who share a WHS duty, must as far as is reasonably practicable, consult, cooperate, and coordinate activities with each other to manage the psychosocial risks (sections 15-19 and 46 of the WHS Act).