Tougher anti-harassment duties confirmed by WHS changes in Qld
Article from OHS Alert 30.08.24
The Queensland Government has made the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024, amending the State Work Health and Safety Regulation 2011 and locking in the tougher anti-harassment duties flagged by State Industrial Relations Minister Grace Grace recently.
As reported by OHS Alert, the Minister announced that under the changes, employers will be required to "make tailored considerations of individual or workplace characteristics that may increase the risk of workplace sexual harassment" (see related article).
The Amendment Regulation – made today – stipulates that these characteristics (which must be considered when determining control measures for sexual or gender-based harassment) can include:
"a work environment that may give rise to a workplace culture, or system of work, in which unacceptable or inappropriate behaviour is, or may be, permitted;"
"a lack of diversity in the workplace generally or in particular decision-making positions;" and
"other matters about the workplace or work environment that may affect a person's behaviour in relation to a worker."
The legislative instrument gives two examples of "other matters": a hotel workplace where patrons "may be affected by drugs or alcohol"; and a workplace where a casual or part-time worker works alongside and is supervised by permanent staff.
Duty holders must also have regard to the characteristics of their workers, "such as the workers': i) age; or ii) gender; or iii) sex; or iv) sexual orientation; or v) disability".
"At a particular workplace, a younger worker's sex may be a relevant matter if the majority of other workers are all of a different sex and are a similar age to each other," a new clause states.
The changes take effect on 1 September 2024, along with other amendments clarifying that the broader duties to manage psychosocial risks and review control measures apply to sexual or gender-based harassment at work.
The Amendment Regulation also requires PCBUs to prepare written prevention plans for sexual and gender-based harassment, with this obligation taking effect on 1 March 2025.
The plan must, among other things, state each identified risk, identify the control measures that have or will be implemented to manage each risk, and describe how the PCBU complied with its WHS consultation duties during these processes.
