As part of a suite of reforms intended to prevent sexual harassment and gender-based harassment, the Australian Government has released a detailed code of practice under work health and safety legislation. The government’s policy to treat harassment as a health and safety issue is significant: it indicates a policy intent to treat the risk of harm from harassment as on par with physical risks of harm in a workplace.
The code of practice calls on persons conducting a business or undertaking (PCBUs) – which includes employers – to identify and assess the risks of harassment and take steps to eliminate them as far as is reasonably practicable, together with a system of review. PCBUs should consult with their workers throughout this process, including any worker who has been elected as a health and safety representative. Some practical measures to meet the consultation requirement would include preparing and seeking feedback on a proposed risk management process, meeting with workers to obtain feedback on things like systems of work (e.g., rostering), workspace design, employer-provided accommodation (if applicable), and seeking feedback on proposed workplace training and policy. PCBUs are also recommended to have a clear policy setting out expectations and employers should also undertake to model appropriate behaviors.
The detailed guidance provided with this code of practice, together with the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 (Cth), provides employers with some clear guidance on required steps. Advice should be sought to understand how they apply to any specific workplace.
