As part of a new compliance program focused on the hospitality industry, SafeWork NSW inspectors are assessing whether businesses are proactively managing work health and safety (WHS) risks to their workers, including sexual harassment risks. As part of these compliance activities, inspectors are providing practical guidance to businesses on taking preventative approaches to managing sexual harassment WHS risks.
Inspections are being carried out in metropolitan and regional locations, including the Illawarra, North Coast and Riverina regions.
While sexual harassment can occur in any industry, the hospitality industry can pose a significant risk with known risk factors that include close interaction with customers, consumers under the influence of alcohol, late-night shift work and busy and confined workspaces.
The sector is also typically made up of workers who may face a higher risk of sexual harassment, including young, casually employed and culturally and linguistically diverse workers.
The impact of workplace sexual harassment on the Australian economy is significant with a 2018 Deloitte report estimating the total cost to the economy to be around $3.8 billion.
New results released last month by the Workplace Gender Equality Agency results (WGEA) found that a large majority of employers had a formal policy on work-related sexual harassment, however more than 1 in 4 employers (28%) are not monitoring how prevalent it is.
Protecting NSW workers from these harms is a key focus for the NSW Work Health and Safety regulator.
To help businesses understand how to prevent and respond to workplace sexual harassment, the SafeWork NSW Respect at Work website has advice, tools and resources, including the NSW Code of Practice for sexual and gender-based harassment and a guide for hospitality businesses.
Workers who experience unsafe practices are urged to report it to their workplace. If workers are not able to report the WHS issue or are not satisfied with the workplace’s response, they can anonymously report WHS issues to SafeWork via the “Speak Up Save Lives” app.
Workers can also call SafeWork NSW on 13 10 50 or report online using the SafeWork Psychosocial Hazards Report Form.
Quotes attributable to Head of SafeWork NSW Trent Curtin:
“SafeWork NSW, the state’s work health and safety regulator, is ramping up compliance inspections with a focus on sexual harassment in the hospitality industry ahead of the festive season.
“We will not tolerate unsafe work practices or businesses putting workers in harm’s way.
“NSW Businesses are required under NSW WHS’s laws, to take proactive, preventative steps to address sexual harassment risks in their workplaces.”
“I urge all hospitality businesses to take action to stamp out sexual harassment and inappropriate drug use in your workplaces and to consult with your workers to address these harms.
Quotes attributable to SafeWork NSW Respect at Work Director, Christina:
“As we enter the festive period, NSW hospitality workers can face a higher risk of sexual harassment as they interact with large numbers of customers enjoying end of year celebrations across the state.
“I have seen firsthand that our SafeWork Inspectors create immediate impact when going into a business and starting a conversation about a sensitive issue like workplace sexual harassment.
“It helps businesses to understand what they need to do to meet their WHS obligations and can also encourage workers to speak up if they are experiencing it themselves.
“The mix of alcohol, close interaction with customers, isolated work areas, poorly lit environments are some of the workplace related factors we see that may place workers at risk of sexual harassment.
“SafeWork NSW inspectors are checking to see if businesses are managing WHS risks with a focus on workplace sexual harassment and providing practical guidance on how businesses can take a preventative approach to manage this issue.
“If you are experiencing workplace sexual harassment, SafeWork NSW encourages workers to report it to their workplaces in the first instance or anonymously report WHS issues to SafeWork 13 10 50 or report online using the SafeWork Psychosocial Hazards Report Form.”
