Sexual Harassment Management Plan: Are you compliant?

Proactive Prevention of Sexual and Gender-Based Harassment in the Workplace

From 1 September 2024, Persons Conducting a Business or Undertaking (PCBUs) must proactively identify, eliminate, or minimise the risks associated with sexual harassment and sex or gender-based harassment. This significant shift in workplace safety regulations places responsibility on employers to prevent harm before it occurs, rather than relying on workers to report incidents after they happen.

Understanding Workplace Harassment as a Hazard

Sexual harassment and sex or gender-based harassment are recognised workplace hazards that can cause both psychological and physical harm. As such, they must be treated with the same level of seriousness as any other occupational health and safety risk. These hazards arise not only from direct interactions but also from workplace cultures, policies, and practices that may allow such behaviours to persist.

The Requirement for Prevention Plans

Beginning in March 2025, PCBUs must prepare and implement a comprehensive prevention plan to manage identified risks of sexual and sex or gender-based harassment. This plan must be dynamic, requiring review under the following circumstances:

• When a report of sexual or sex or gender-based harassment is made

• Upon request by a health and safety representative (HSR)

• At a minimum, every three years

  
  

Tailoring Risk Management to the Workplace

Simply acknowledging the risk of harassment is not enough. PCBUs must actively consider:

• The characteristics of their workforce, including gender diversity, cultural background, and vulnerability factors

• The specific nature of the workplace, including remote work, isolated tasks, and hierarchical structures

• The overall work environment, including policies, reporting mechanisms, and leadership approaches

By taking these factors into account, businesses can implement targeted control measures that effectively reduce the risk of harm.

Taking Action for a Safer Workplace

To comply with these new obligations and foster a culture of safety and respect, PCBUs should:

• Conduct risk assessments focusing on sexual and gender-based harassment

• Develop and implement robust prevention plans with clear reporting and response mechanisms

• Educate employees and leaders on recognising and preventing workplace harassment

• Regularly review and refine policies to ensure their effectiveness

  
  

Workplace harassment is not just a legal issue; it is a critical safety concern. By taking proactive steps now, businesses can create a safer, more inclusive, and compliant work environment while protecting the wellbeing of all workers.