You know the call. The one where the client moves the goalposts two weeks before handover, and your team just absorbs it. There may be grumbling, but no one will file a complaint or log a report. However, the team will go home depleted, again, and come back a little less engaged the next day. It’s the way it’s always been in this industry, right? Under Australian WHS law, that pattern is now your responsibility to identify, assess and control.

The law has moved. Most businesses haven’t

Psychosocial hazards – excessive workload, poor role clarity, workplace conflict, harassment – are embedded in Australia’s WHS framework. The regulatory environment has tightened significantly in the past 12 months: NSW introduced the Work Health and Safety Regulation 2025 in August, applying the full hierarchy of controls to psychosocial risks, and Victoria introduced the OHS (Psychological Health) Regulations 2025 with stronger enforcement pathways.

These carry the same legal weight as a fall risk or a chemical hazard.

For fitout and retail design businesses, the exposure is closer to home than it might seem: client-facing pressure, tight deadlines, and the constant churn of project-based work create conditions where psychosocial risks compound quietly – and where a reactive approach leaves you exposed.

The EAP problem

At our recent webinar, Beyond mental health: the compliance essentials for managing psychosocial hazards, one of the most consistent themes from attendees was the Employee Assistance Program (EAP) misconception – the sense that having a counselling referral service is enough to ‘tick the box.’ It isn’t. An EAP is a reactive, individual-level support. WHS law requires a proactive, systems-level approach: identify the hazards, assess the risks, implement controls – with elimination and redesign coming before individual support services.

In practice, that might mean redesigning how project timelines are set so unrealistic deadlines aren’t baked in or reviewing how client escalations are handled so pressure doesn’t fall entirely on one person.

Reactive is a risk, not a strategy

Our webinar poll found that only 10 per cent of businesses have a formal process for identifying psychosocial risks. Twenty per cent only raise it when a complaint occurs. A complaint-driven approach means you’re always behind the risk – acting after harm rather than preventing it. And without documented processes, it’s very difficult to show you took your duty of care seriously.

A formal risk assessment doesn’t need to be complex. But it does need to exist and to be clear: ‘We have an open-door policy’ is not a risk management framework.

The manager gap is the biggest gap

Only eight per cent of webinar attendees felt very confident their managers could recognise and respond to psychosocial risks – a significant capability gap, particularly in industries where managers are promoted for technical excellence rather than people leadership.

Building manager capability isn’t a soft skill investment – it’s one of the most effective risk controls available. A manager who can spot early warning signs and have the right conversation changes outcomes in a way a policy document simply can’t.

Where to start

Conduct a psychosocial risk assessment – Document the hazards specific to your workplace, the controls you have, and where the gaps are.

Reframe your EAP – It belongs in your toolkit as a tertiary measure, not the headline. Work through higher-order controls first.

Train your managers – Practical, scenario-based training that builds real capability –
not a one-hour awareness session.

Update your policies – If your WHS policy was written more than two years ago, it likely doesn’t reflect current obligations.

Get advice before something goes wrong – Fifteen per cent of our poll respondents only access specialist HR or WHS support reactively. Proactive support costs a fraction of reactive support.

Businesses that are still treating psychosocial risk as a wellbeing initiative rather than a people and compliance obligation are carrying more exposure than they realise. The good news: the gap is closeable, and it starts with the right systems and the right support.

Ali King

Ali King

Ali is a Work Health and Safety expert at Citation Group, with an interest in all things WHS and psychosocial safety. She regularly provides advice on managing workplace risks, promoting mental health, and ensuring compliance with WHS and psychosocial regulations.