Preventing sexual harassment in your workplace
Learn about the steps you can take to manage risks of sexual harassment in your workplace.
Take action to prevent sexual harassment
The actions you should take to prevent sexual harassment will depend on the risks specific to your workplace. In your prevention approach consider:
- making sure duty holders understand and stay up to date with their WHS obligations
- taking a risk management approach to identify, assess, and control the risks and review the controls, as you would with any other WHS hazard
- developing a range of risk management controls (including education, policies and procedures, and effective leadership) to prevent sexual harassment and communicating them to everyone in the workplace including workers, visitors, customers and patients to ensure they are properly implemented
- promoting a positive workplace culture where workers feel empowered to speak up when they experience or witness disrespectful behaviours
- promoting the benefits of a gender equal, inclusive, and diverse workplace.
Responding effectively to workplace sexual harassment when it happens, for example once a report is made by a worker, can also have a preventative effect as it signals to workers what is considered acceptable within the business.
Consult with your workers
Businesses have a duty to consult with all workers who may be impacted by a health and safety issue, giving them the opportunity to express their views before making decisions and keeping them updated on the outcomes.
Workers, especially those in frontline roles, often have valuable insights into the specific risks and issues present in the workplace environment. It’s important to consult workers at each stage of the risk management process to ensure any control measures put in place are both practical and effective.
Due to the sensitive nature of this topic, it’s important that any consultation takes place in a way that ensures the safety and wellbeing of your workers. For example, an anonymous survey or an informal one on one meeting may be more appropriate than a group discussion.
Use the risk management process
The work health and safety risk management framework is a four-step process you should use to create a safe work environment by identifying, assessing and controlling the risks in your workplace that could lead to sexual harassment.
Four-step risk management process for sexual harassment
Identify hazards
Workplace sexual harassment has a range of underlying causes. Identifying and understanding these potential risks is an important first step in the risk management process.
To identify the risks in your workplace, start by considering:
- when and where (for example at the usual workplace; while making deliveries; via email)
- how it could occur (for example from contact with customers or the public, or from other workers)
- the potential nature of the harassment (for example verbal or physical, overt, subtle)
- who is likely to be affected.
You must identify where sexual or gender-based harassment is a reasonably foreseeable hazard that could cause risks to health and safety. This means identifying where it happens or could happen.
In some situations, workplace sexual harassment may overlap with bullying, racism, ageism and other harmful behaviours. Identifying these underlying issues and other related harms is also important at this initial stage.
Assess the risk
In deciding which measures should be taken to manage the risks (also referred to as control measures), a business must assess the risk, taking into account:
- the duration, frequency and severity of exposure to the WHS hazard
- other psychosocial hazards that might increase the risk of harm
- any information or support currently provided to workers.
Control the risk
Control measures are the actions you must put in place to address the risks. Developing appropriate and effective control measures is a key element of the risk management framework. No single control measure will be enough, and a variety of different measures will be required.
There are several themes workplaces may want to consider when implementing measures to control any risks of sexual harassment in your workplace:
Leadership and governance: Leaders that show their commitment to tackling sexual harassment set the standard for what is acceptable in the workplace. Good leadership should be underpinned by strong governance, consistent communication and the modelling of respectful behaviour.
Workplace culture: A positive workplace culture helps establish what is considered acceptable behaviour. Signs of a problematic culture include workers dismissing sexist jokes, ignoring harassment reports, or tolerating inappropriate behaviour. Having a diverse workforce and inclusive culture are key to preventing these harms.
Work design of tasks and systems: This relates to how work is done, including tasks, responsibilities and processes. Consider why a task is done a certain way and if it poses a risk. If a risk is identified, look at ways to redesign the work to eliminate or minimise the risk as much as possible, for example rescheduling isolated tasks to happen in the morning rather than at night or ensuring meetings with clients occur in accessible, public environments.
Physical environment, plant and technology: The design of the physical workplace environment, including plant (for example machinery, equipment, appliances) and technology used in the workplace, can increase the risk of sexual harassment. It can create the conditions where harassment can occur more easily, be more severe or be largely unnoticed. Examples of control measures that account for the physical environment include:
- using clear or semi-opaque glass or screens to improve visibility in work areas
- restricting public access to areas where workers are alone or work at night
- ensuring worker facilities and amenities provide privacy and security, such as secure changing rooms
- designing your workplace to allow workers to move freely without physical contact.
Policies and processes: Written strategies, policies, processes, guidance and other organisational documents play an important role as a reference point to set expectations of organisational and personal behaviour. While they are generally good administrative controls, they are not sufficient to control the risk of workplace sexual harassment without other complementary measures.
Education and managing workers: Businesses must ensure their workers and leaders have the right knowledge to play their role in proactively eliminating sexual harassment through education, information and supervision. This is critical for the implementation of all other controls to prevent sexual harassment.
Reporting avenues and responses: Sexual harassment is often underreported. It’s important that clear, confidential and safe reporting pathways are available to workers, including alternative options for those who do not wish to report to their manager. Responses to harassment should take a human-centred and trauma-informed approach, meaning the safety and preferences of the people impacted are considered. Responses to incidences of sexual harassment should always feed into the WHS risk management processes so the risk is better managed in the future.
Measurement and business reporting: To understand sexual and gender-based harassment risk and progress made to prevent it, businesses should measure and report on their progress. Regular staff engagement and measurement against KPIs or targets can help monitor the risk of sexual harassment in your workplace and track improvement efforts over time.
All of these measures are adaptable, depending on your work setting. They require proactive identification and tailoring to ensure they meet the specific risks within your workplace.
Assess effectiveness of control measures
As a business you must undertake regular reviews of your control measures to ensure they are still effective as your work environment evolves and changes over time.
To review your control measures, consult your workers and consider some of the following questions:
- Are control measures working effectively, without creating new or increased risks?
- Have workers reported feeling uncomfortable with other workers, customers, patients, students or clients?
- Have all sexual and gender-based harassment risks been identified?
- Have risks changed or are they different from what you previously assessed?
- Are workers actively involved in the risk management process?
- Are workers openly raising health and safety concerns and reporting problems promptly?
- Has instruction and training been provided to all relevant workers?
- Are there any upcoming changes that are likely to result in a worker being exposed to risks of sexual harassment?
- Are new control measures available that might better control the risks?
- Have risks been eliminated or minimised as far as is reasonably practicable?
Resources
- Regulation map for NSW businesses (PDF 453.6KB) – SafeWork NSW
- Respect at Work Strategy: preventing sexual harassment (PDF 2.47MB) – SafeWork NSW
- Positive duty explained - SafeWork NSW
- NSW Code of Practice: Sexual and gender-based harassment - SafeWork NSW
- NSW Code of Practice: Managing psychosocial hazards at work - SafeWork NSW
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