Preventing sexual and gender-based harassment at work

To prevent sexual and gender-based harassment at work, treat it as a psychosocial hazard. Find where it could happen, put controls in place, give people a safe way to raise concerns, and review what you've done. That's the same risk process you use for any other hazard. Federal anti-discrimination law also places its own duty on employers to prevent sexual harassment, so the two sets of obligations overlap.

Why harassment is a WHS issue

Under the WHS Act, a business must keep workers and others safe so far as is reasonably practicable. Harassment can cause serious psychological harm, and it can lead to physical harm too, through stress, fear or a violent incident. That makes it a hazard you have to manage.

The model Code of Practice on managing psychosocial hazards at work, released in 2022, sets out how to do that. Psychosocial hazards are aspects of work design, management or the environment that can harm mental or physical health. Sexual harassment fits that definition.

Guidance from WHS regulators on this topic is updated from time to time, and state rules differ in detail. Check your regulator's current guidance for your state before you finalise your approach. Whatever your state, the steps below apply. For how psychosocial hazards sit within your wider approach, see psychosocial hazards and work-related stress.

What counts as sexual and gender-based harassment?

It covers unwelcome sexual advances, requests for sexual favours, sexual jokes or comments, unwanted touching, and comments or behaviour based on sex or gender that are offensive, humiliating or intimidating. It can come from a manager, a co-worker, a client or a contractor, and it can happen in person, online or at work events.

Your policy should use these definitions so that everyone has the same understanding of what's unacceptable.

Step 1: Find where it could happen

Start by looking at the conditions in your workplace that make harassment more likely. You don't need to find an incident to act on a risk.

Record what you find in your risk assessment and in your risk register, with the controls and who owns them.

Step 2: Put controls in place

Controls work best when they change the conditions, not just the rules. Consider:

• Rostering and layout. Avoid lone shifts, and make sure there are visible, staffed areas for breaks.
• A written policy. Say what's unacceptable, who it applies to, and what happens when someone breaks the rules. A workplace sexual and gender-based harassment prevention plan is a useful structure.
• Training for everyone. Staff need to know what harassment looks like and how to report it. Leaders need training on how to respond to a disclosure and how to act on what they see.
• Bystander action. Teach people how to step in safely, and make it clear that speaking up is expected.
• Supervision and follow-up. Check that the controls are working in practice, not just on paper.

Step 3: Make reporting safe

Most people won't report harassment unless they trust the process. Your complaints process should:

1. Give people more than one way to raise a concern, including a person outside their line of management.
2. Explain the informal and formal options, and let the person choose where possible.
3. Protect confidentiality so far as the process allows.
4. Stop anyone from victimising the person who complained or the witnesses.
5. Record what was reported, what was done and the outcome, using an incident report form or a similar record.

Step 4: Respond and investigate

When a report is made, act promptly. Check the immediate safety of the people involved, offer support, and investigate with a neutral person. Once the investigation ends, review the controls. A new hazard, or a control that isn't working, is a trigger for review under regulation 38 of the WHS Regulations.

If a report involves threats or violence, follow the steps in our guide to workplace violence as well. Don't wait for a formal finding before you act. Measures to separate people or change rosters can be put in place while a process runs.

Step 5: Consult and review

Workers and health and safety representatives should have a say in the controls, because they know where the risks sit. The WHS Act requires consultation on matters that affect health and safety. Review the risk assessment and policy at least once a year, and after any incident or change in the workplace. Our guide to reviewing risk controls explains how to run that review.

A checklist to see where you stand

• A written policy with clear definitions and consequences
• A current risk assessment that covers your specific workplace
• A prevention plan with named responsibilities and review dates
• A complaints process with at least two reporting options
• Training for all staff, and additional training for leaders
• Records of reports, actions and outcomes
• A review date, and a record of who approved the latest version

How SafetyDocs helps

SafetyDocs has expert-written templates for the core documents: a workplace sexual and gender-based harassment prevention plan, a risk assessment checklist, a psychosocial hazards policy and an incident report form. Job, client and site details fill in automatically, so you can adapt them quickly.

When a document changes, everyone who signed is asked to sign the new version, so you can show who agreed to what and when. Workers sign free from a text, link or QR code on any phone, with no app or account. It helps you meet your duties. It doesn't make you compliant on its own.

Common questions

Is sexual harassment a WHS issue or a discrimination issue? Both. WHS laws treat it as a psychosocial hazard you must manage, and anti-discrimination law sets separate obligations to prevent it. Meeting one doesn't automatically meet the other.

Does this apply to a small business? Yes. Any business with workers is a PCBU under the WHS Act, and the duty to manage psychosocial hazards applies whatever its size.

What if a worker doesn't want a formal complaint? Offer the options, explain what you can and can't do with an informal report, and still look at the conditions that allowed the behaviour. A person's choice about a formal process doesn't remove your duty to address the hazard.

Do I need a separate policy for this? Not necessarily, but you do need clear written expectations that cover harassment, along with a process for dealing with it. Many businesses use a dedicated harassment policy alongside a general psychosocial hazards policy.

This is general information, not legal advice. Check the current law with your WHS regulator.