Do sole traders need to manage psychosocial hazards at work?

Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.

Do businesses with 1–5 employees need to manage psychosocial hazards at work?

Yes (1–5 employees, turnover $100K–$1M).

Who must manage psychosocial hazards at work?

The applicability test for Manage psychosocial hazards at work (Safe Work Australia, WorkSafe Victoria, SafeWork NSW, WHSQ, SafeWork SA, WorkSafe WA, WorkSafe Tas, WorkSafe ACT, NT WorkSafe and Comcare), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has employees, contractors or labour hire.

What the obligation is

WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.

Model WHS Regulation 55A (adopted in most states) requires PCBUs to identify, assess, and control psychosocial hazards including high job demands, low support, role conflict, harmful behaviours, and exposure to traumatic events. Safe Work Australia's model code and state codes (e.g. Vic Compliance Code, NSW Code of Practice) set the standard.

The applicability test

Applies when the business has employees, contractors or labour hire.

How the regulator frames it: All PCBUs (persons conducting a business or undertaking).

What triggers it: Conducting a business or undertaking with workers.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).

The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".

Size band	Answer across all industries, any structure
No employees (turnover $100K–$1M)	No
1–5 employees (turnover $100K–$1M)	Yes
6–19 employees (turnover $1M–$3M)	Yes
20–99 employees (turnover $3M–$10M)	Yes
100–499 employees (turnover $10M–$100M)	Yes
500+ employees (turnover $100M–$1B)	Yes

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees, contractors or labour hire.

What you must do, and when

When due: Continuous WHS duty.
Frequency: Ongoing
Evidence to keep: Risk assessment, consultation records, control measures, training, incident response procedures.
Status: Current
Priority: Critical

Penalty for not complying

Maximum penalty: Industrial manslaughter penalties up to $20M (corporations) + 25 years prison (individuals) in some states for category 1 breaches.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations with the same applicability test

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

Where it sits in the corpus

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Safe Work Australia, WorkSafe Victoria, SafeWork NSW, Workplace Health and Safety Queensland, SafeWork SA, WorkSafe Western Australia, WorkSafe Tasmania, WorkSafe ACT, NT WorkSafe and Comcare.

Safe Work Australia: Develops national WHS policy, model WHS laws, and codes of practice. Enforcement of WHS laws sits with state/territory regulators.

WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).

SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.

WHSQ: Queensland WHS regulator.

SafeWork SA: SA WHS regulator.

WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).

WorkSafe Tas: Tasmanian WHS regulator.

WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.

NT WorkSafe: NT WHS regulator.

Comcare: National regulator and workers' compensation insurer for Commonwealth employers and self-insured corporations.

Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).

Work Health and Safety Act 2011 (model)

Free tools that help with this obligation:

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Who must manage psychosocial hazards at work?: Applies when the business has employees, contractors or labour hire.
Do sole traders need to manage psychosocial hazards at work?: Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
Do businesses with 1–5 employees need to manage psychosocial hazards at work?: Yes (1–5 employees, turnover $100K–$1M).
When is "Manage psychosocial hazards at work" due?: Continuous WHS duty.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.