Queensland Government continues to introduce legislation updates to the Work Health and Safety Regulation 2011, aimed at proactively managing the risks associated with sexual harassment and sex or gender-based harassment in the workplace. Described as "nation-leading" reforms, these changes ensure that businesses take concrete steps to prevent and address these issues before they occur.
Two-Phase Implementation
The amendments will be introduced in two phases, with the first already in effect and the second set to commence in early 2025.
Phase 1: Effective 1 September 2024
As of 1 September 2024, organisations are legally required to identify and manage health and safety risks arising from sexual harassment and sex or gender-based harassment at work. This includes:
Conducting thorough risk assessments based on workforce feedback.
Implementing control measures that consider workplace characteristics, worker demographics, and environmental factors.
Reviewing and updating control measures whenever a report of harassment is received.
Phase 2: Effective 1 March 2025
From 1 March 2025, businesses will be required to develop and implement a written prevention plan addressing identified risks. This plan must:
Clearly state all identified risks.
Outline control measures to mitigate these risks.
Detail considerations taken into account when determining control measures.
Describe the consultation process with workers.
Be easily accessible and understandable to all employees.
Establish a structured reporting process for unsafe conduct, ensuring complaints are properly handled and resolved.
Additionally, businesses must ensure that reasonable steps are taken to inform employees about the prevention plan and how to access it. The plan must be reviewed regularly, including whenever a report is made, upon request by a Health and Safety Representative or Committee, or at least once every three years. Visit WorkSafe QLD for more information.
Implications for Organisations
From March 2025, all Persons Conducting a Business or Undertaking (PCBUs) must comply with these new requirements. This means:
Mandatory Prevention Plans: If a risk of sexual harassment is identified, businesses must document their approach to managing it.
Increased Penalties: Non-compliance could result in criminal charges and significant penalties.
Executive Accountability: Boards and executives may be held legally responsible for failing to exercise due diligence in managing these risks.
Recommended Actions for Compliance
To ensure readiness for the 1 March 2025 deadline, organisations should:
Conduct risk assessments specific to sexual harassment and related risks, engaging employees in the process.
Update and strengthen workplace control measures.
Implement a clear and confidential reporting process.
Establish a protocol for reviewing and updating risk assessments after complaints are received.
Provide regular training on appropriate workplace behaviour and harassment prevention.
Develop a Prevention Plan in alignment with the new requirements.
Ensure board members and executives are aware of their due diligence responsibilities.
How Safe Industries Australia Can Help
Navigating these new legislative requirements can be complex, but Safe Industries Australia is here to help. Our team provides expert guidance on risk assessments, prevention plan development and compliance strategies. By partnering with us, businesses can ensure they are fully covered under the new regulations, safeguarding both their employees and their legal standing. Contact us today to learn how we can support your organisation in meeting these critical workplace safety obligations.
