Residential care provider fined $300,000 in relation to risk of workplace sexual violence
Residential care provider fined for failing to address risks of inappropriate sexual and violent behaviour and a history of assault by clients, resulting in serious risks to workers.
This article is an abridgement of an article originally published by SafeWork NSW.
In a recent case on 11 March 2024, the District Court of NSW issued a $300,000 fine to a residential care provider for violating its work, health, and safety (WHS) obligations. The provider failed to address the risks of violence and inappropriate sexual behaviour in the workplace, resulting in potential harm to its workers. This highlights the pressing need for employers across all industries to prioritise the prevention of workplace violence and sexual harassment.
Head of Safework NSW Trent Curtin says:
“This is a significant conviction brought by SafeWork NSW against the provider for failing to prevent the risk of work-related violence and should be a warning to NSW employers that violence and sexual harassment in the workplace are never acceptable."
The risks of workplace violence
Workplace violence, including sexual harassment, poses significant hazards to employees across various sectors. Employers must take proactive measures to mitigate these risks. Here are key steps they can take:
- Policy Development and Communication: Consulting with workers to develop comprehensive policies and procedures aimed at identifying and preventing WHS risks related to violence and sexual harassment. These policies should be effectively communicated to all stakeholders, including workers, visitors, and customers.
- Regular Risk Assessment: Regularly assessing the design of work and the environment for potential factors contributing to workplace violence and sexual harassment. This includes evaluating conditions such as working during night-time, in isolated settings, or in client-related work environments.
- Establish Reporting Mechanisms: Addressing barriers to reporting incidents of violence or harassment by providing accessible and confidential reporting options. Employers should ensure that individuals feel supported and safe when reporting such incidents, both informally and formally.
Respect at Work task force to combat sexual harassment
Trent Curtin emphasised the significance of the conviction against the provider. He stressed that under NSW WHS laws, employers have a legal obligation to address WHS risks, including violence and sexual harassment. SafeWork NSW has established a dedicated task force, Respect at Work, to combat sexual harassment in the workplace. This initiative aims to support NSW employers in taking proactive measures to address this pervasive issue.
The case against this provider serves as a warning to employers in NSW and beyond. Workplace violence and sexual harassment must be actively prevented. By implementing robust policies, conducting regular risk assessments, and fostering a culture of reporting and support, employers can create safer work environments for all employees.
Sources
Residential care provider fined $300,000 in relation to risk of workplace sexual violence by WorkSafe NSW, 8th April, 2024.
