This page will mostly focus on legislation in NSW, Australia.  For American information, try USA Dept of Labor, Occupational Health & Safety Administration. To find international organisations try the database of the International Labour Organization.

For information regarding the laws of other states of Australia, try:

NSW Occupational Health & Safety Act 2000

8 Duties of employers

(1) Employees

An employer must ensure the health, safety and welfare at work of all the employees of the employer.  That duty extends (without limitation) to the following:
(a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health,
(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,
(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health, 
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work,
(e) providing adequate facilities for the welfare of the employees at work.

»» Note that the Act says "(without limitation) to the following".

The OH&S Regulation 2001 states:

9 (2) In particular (and without limiting the generality of subclause (1), the employer must take reasonable care to identify hazards arising from:

(a) the work premises, and
(b) work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and fatigue related hazards)

»» So psychological hazards must also be identified. At this stage there are no precedents to indicate how this clause will be interpreted by the courts. In time this clause may prove to be be interesting for bullying recipients.

Now let's look at another aspect, where bullying is due a worker's complaints about an OH&S issue as per section 23 of the OH&S Act 2000:

23 Unlawful dismissal or other victimisation of employee (OHS Act 2000)

(1) An employer must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because the employee:

(a) makes a complaint about a workplace matter that the employee considers is not safe or is a risk to health, or
(b) is a member of an OHS committee or an OHS representative, or
(c) exercises any functions conferred on the employee under Division 2 (whether as such a member or representative or otherwise).

(2) In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge lies on the defendant.

Note. See sections 210 (j) and 213 of the Industrial Relations Act 1996 for remedies (such as reinstatement or reimbursement) arising from a breach of this section. See sections 91 - 100 of the above Act for more about unfair dismissal.

»» And if you are being bullied by a co-worker, s/he could theoretically also be found in breach of the Act, as below, although there are no precedents. Still, it could be used as a bluff when dealing with your employer, if you feel it's appropriate:

20 Duties of employees (OHS Act 2000)

(1) An employee must, while at work, take reasonable care for the health and safety of people who are at the employee's place of work and who may be affected by the employee's acts or omissions at work.

»» Workers Compensation provisions regardng stress claims can be found on the Strategies page.

Analysis

Credible witness accounts, especially those not suspected of "having an axe to grind" are extremely important.

If an employer permits a culture of harassment to exist this is not seen as a mitigating circumstance. The bully must take personal responsibility for his or her actions.

It is important that no specific legislation exists to deal with such cases. At this stage, if a bullying case does not involve issues covered under anti-discrimination legislation, such as harassment based on sex, race, etho-religious identity, age, disability, sexuality, transgender identity or carer status - and there have been no physical assaults - then it's easy to be shunted between various government departments, all unsure if they have the authority to act, if you try to make a complaint.

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