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Joe’s story
Joe is employed at a medium-sized manufacturing facility as a production line worker. The workforce is mostly male and the culture is informal. Sexist, homophobic and transphobic jokes and comments are generally tolerated in the workplace.
Joe is a transgender man. Before his transition, Joe told his manager that he wanted to know that the workplace would be inclusive and safe. Joe’s manager supported him to talk with his colleagues about what pronouns he preferred. On his return to work, Joe and his manager had another conversation with the team to confirm how to refer to Joe.
A few months later, 2 of Joe’s colleagues, Andrew and Jerry, continued to use his old name or the pronoun ‘her’. Joe tried several times to tell them his correct name and pronouns. They often laughed in response, and the behaviour continued. They also made crude comments about Joe’s gender identity.
Joe felt extremely uncomfortable and embarrassed, and was anxious about going to work. He told his manager about his colleagues’ behaviour.
Joe’s manager:
- gave him the option to access psychological support through the workplace’s Employee Assistance Program provider
- offered options to modify his work arrangements
- continued to monitor his wellbeing through regular conversations with him.
Joe’s manager has provided individual support to Joe. But they have not properly responded to the report of a psychosocial hazard.
Read on to see how Joe’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Joe’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- • consult with employees and any health and safety representatives (HSRs) when identifying or assessing hazards or risks to health or safety at the workplace. <OHS Act s35>
Joe has been exposed to gendered violence in the workplace. He has also been exposed to other psychosocial hazards, including:
- poor workplace relationships
- bullying.
Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
- Controlling the risks associated with psychosocial hazards
Joe’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Joe’s employer can implement include:
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Joe. For example, making alternative work arrangements so Joe does not need to have contact with Andrew and Jerry.
- Investigating the report in a fair, timely and transparent way. This should be done in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including gendered violence and bullying.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Leaders committing to creating a culture of respect and inclusion.
- Educating all employees about the organisation’s expectations of respectful workplace behaviour. This includes the leaders’ duty to role-model respectful and appropriate workplace behaviour.
- Encouraging reporting of gendered violence and bullying. Responding appropriately to all reports of gendered violence and bullying.
- Providing information, instruction and training to all employees on the organisation’s harmful behaviour policy and procedure. This includes:
- Defining what behaviour comprises gendered violence. This includes ‘deadnaming’ someone by:
- deliberately misgendering them
- using incorrect pronouns
- not using their preferred name.
- Defining what behaviour constitutes bullying. This includes reference to belittling and humiliating behaviour.
- Explaining reporting options and how the organisation will respond to the report.
- Outlining what supports are available to all parties.
- Defining what behaviour comprises gendered violence. This includes ‘deadnaming’ someone by:
- Providing skills training to employees on:
- being an active bystander
- what to do if they witness gendered violence.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16)>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>
Matt’s story
Matt moved to Australia from overseas for job opportunities. He is a personal care worker at a residential aged care facility. The workforce is mostly female.
In his role, Matt is regularly exposed to snide remarks from some of the residents’ families. They question his masculinity and suitability for a role traditionally performed by females.
Over a period of months, Matt’s exposure to this harmful behaviour became more frequent and intense.
Matt began calling in sick regularly. His facility manager, Mary, noticed a pattern of increased absenteeism. She checked in with Matt, who shared his concerns about how some residents’ families were treating him.
Mary also:
- gave Matt the option to access psychological support through the workplace’s Employee Assistance Program provider
- offered options to modify his work arrangements
- continued to monitor his wellbeing through regular conversations with him.
Matt’s manager has provided individual support to Matt. But she has not properly responded to the report of a psychosocial hazard.
Read on to see how Matt’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Matt’s employer must:
- provide and maintain a working environment that is safe and without risks to health and safety <OHS Act s21(1)>
- identify psychosocial hazards so far as is reasonably practicable <OHS (Psychological Health) Regulations r14>
- consult with employees and any HSRs when identifying or assessing hazards or risks to health or safety at the workplace. <OHS Act s35>
Matt has been exposed to gendered violence in the workplace.
Employees from migrant and multicultural backgrounds may also be at increased risk of harm.
- Controlling the risks associated with psychosocial hazards
Matt’s employer must first consider if it is reasonably practicable to eliminate the risks associated with a psychosocial hazard. If this is not reasonably practicable, they must reduce the risk so far as is reasonably practicable. <OHS (Psychological Health) Regulations r15(1) and r15(2)>
Any decision-making about implementing proposed risk controls must be done, so far as is reasonably practicable, in consultation with employees and any HSRs. <OHS Act s35>
Example risk controls that Matt’s employer can implement include:
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Matt. For example, making alternative work arrangements that remove Matt from any exposure to gendered violence until the employer can take further action.
- Investigating the report in a fair, timely and transparent way. This should be done in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including gendered violence.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Developing and implementing a system of work to prevent and manage harmful behaviour from visitors. This includes from residents’ families. For example:
- Clearly communicating to all visitors how they should behave. Outlining possible consequences of not meeting these expectations.
- Using a flagging system to identify and flag visitors who engage in harmful behaviour, including gendered violence.
- Developing associated management plans where risks are identified.
- Implementing an escalation protocol. For example, providing ways for employees to limit or end high-risk contact and escalate a situation to management.
- Providing additional supervision on the ground to monitor for harmful behaviour. Actively intervening when issues arise or harmful behaviour is observed.
- Encouraging employees to report any harmful behaviour they experience or witness. Responding appropriately to all reports of harmful behaviour. This includes gendered violence.
- Providing targeted training to managers and supervisors on how to respond to informal and formal reports of harmful behaviour, including gendered violence.
- Providing training to all employees on the systems of work in place to prevent and manage harmful behaviour by visitors towards employees.
- Reviewing risk controls
Reviewing risk controls involves examining whether the risk controls are effectively controlling risks, so far as is reasonably practicable.
Where a review finds that the risk controls in place are not adequately controlling the risk, they must be revised so that they are controlling the risk, so far as is reasonably practicable. <OHS (Psychological Health) Regulations r16)>
Employers must, so far as is reasonably practicable, consult employees and any HSRs when reviewing any risk controls. <OHS Act s35>