As workplace mental health gains increasing regulatory focus, employers must revisit their obligations around psychosocial hazards, working hours, and the right to disconnect. Recent high-profile cases and new legislation highlight that ignoring these risks can expose employers to serious legal, reputational, and operational harm.
Why This Matters
SafeWork Australia and state regulators have emphasised that psychosocial hazards—including unreasonable work demands, excessive hours, and poor workplace relationships—are as serious as physical hazards. Employers have a non-delegable duty of care under WHS laws to identify, assess, and control these risks.
Right to Disconnect
Under the new law, employees will have a legal right to disconnect from work outside their ordinary hours. This means they can refuse to monitor, read, or respond to work-related calls, emails, or messages, unless their refusal is unreasonable. While presented as an industrial relations right, this change also directly connects to Work Health and Safety (WHS) obligations.
Excessive hours and after-hours contact are recognised psychosocial hazards under both national and state WHS laws. Employers should be aware that failing to manage these risks could be viewed as a breach of WHS duties. Repeatedly expecting or allowing unreasonable contact after hours can lead to stress, fatigue, burnout, and psychological harm, potentially attracting regulatory attention or claims.
Best Practice Tips for Employers
- Assess working hours patterns to identify roles or teams at risk of excessive workloads.
- Review employment contracts to ensure hours, overtime, and expectations are clear and lawful.
- Educate leaders on psychosocial hazards, employee mental health, and the importance of procedural fairness.
- Consult employees about workloads and the right to disconnect to foster a fair and supportive culture.
- Implement monitoring systems to track hours worked and intervene early.
Business 360 is available to help you audit your workplace management framework for risks. Contact us at 1300 287 360 or info@business360.au.
