Preventing and managing gendered violence – step 3: control risks

Your duty

Risks must be eliminated, so far as is reasonably practicable. If risks cannot be eliminated, they must be reduced, so far as is reasonably practicable. This must be achieved by:

1. altering the –
   
   1. management of work, or
   2. plant, or
   3. systems of work, or
   4. work design, or
   5. workplace environment, or
2. using information, instruction or training, or
3. using a combination of any of the controls listed above.

You may only use information, instruction or training on its own if it is not reasonably practicable to alter any of the measures listed above at (a).

Where a combination of risk control measures is used, information, instruction or training must not be the predominant control measure.

Diagram 1: Controlling exposure to psychosocial hazards and risks

When determining which risk controls to use for gendered violence, you should also consider if there are related or underlying hazards that might increase the risk.

If you identify any related hazards, you must also control the associated risks so far as is reasonably practicable.

You may also have duties under the Occupational Health and Safety Regulations 2017 to control certain physical hazards in accordance with specific hierarchies of control for:

• noise
• plant
• hazardous substances
• hazardous manual handling.

For more information on managing specific risks, see the relevant compliance code or guidance at worksafe.vic.gov.au.

Management of work

Management of work includes things such as:

• governance, leadership, and decision-making and escalation structures
• workforce planning
• resource allocation and rostering.

Risk control measures related to management of work could include creating a safe, respectful and inclusive organisational culture.

Organisational culture includes:

• leadership
• values
• behaviours
• language
• attitudes
• interactions.

Creating a safe, respectful and inclusive organisational culture helps employers to:

• set the tone for respectful workplace relationships
• build employee confidence and trust that safety is taken seriously
• proactively address the drivers of gendered violence
• meet ‘positive duty’ requirements that apply for sexual harassment under other legislation.

To do this, employers should consider the following.

Plant

Under the Occupational Health and Safety Act 2004, plant includes:

• any machinery, equipment, appliance, implement and tool; and
• any component of any of those things; and
• anything fitted, connected or related to any of those things.

Risk control measures related to plant may include:

• replacing plant with new plant that presents less risk; for example, using a mobile duress system, rather than a fixed duress system
• making changes to existing plant; for example, modifying CCTV range to improve coverage of grey areas
• regularly servicing and maintaining all plant; for example, regularly testing duress devices.

Systems of work

A system of work encompasses the way that work is planned, organised and done. This may include the interacting set of:

• policies
• procedures
• practices
• equipment
• materials
• environment.

Policies and procedures on their own are not systems of work.

Employers should consider how altering systems of work can reduce the risk of exposure to gendered violence.

Policies and procedures to prevent and manage gendered violence

A workplace behaviour policy and procedure can form part of a broader system of work to prevent and manage gendered violence. Policies and procedures are not a system of work on their own.

Depending on the size and resources of the organisation, there may be:

• one broad policy and procedure that incorporates various harmful behaviours, such as aggression or violence, gendered violence and sexual harassment
• specific policies and procedures; for example, a policy specifically about how to prevent and manage gendered violence.

A workplace gendered violence policy and procedure must be developed in consultation with employees and any HSRs. The policy and procedure should:

• State the employer’s responsibility to protect employees from the risk of gendered violence and how this will be done.
• State an employee’s responsibility to take reasonable care for:
  • their own health and safety
  • the health and safety of people who may be affected by their acts or omissions in the workplace.
• Define gendered violence. This should:
  • describe behaviours that are forms of gendered violence
  • provide examples of verbal, physical, written and online gendered violence.
• List examples of appropriate and inclusive language.
• Tell employees what to do if they experience gendered violence. This should include:
  • Multiple and accessible reporting avenues, both internal and external. This includes circumstances where the report involves a direct manager or member of the senior management team.
  • How to access support services.
• Encourage bystanders to report gendered violence. This should include:
  • What is a bystander and an active bystander.
  • What to do if gendered violence is witnessed, including reporting.
  • How they can provide support to the person who experienced gendered violence.
• Outline what the employer will do if an employee reports gendered violence. This should include the following information:
  • Who will be notified of the report.
  • How an investigation will be completed in an objective, fair, transparent and timely way, including expected reasonable timeframes.
  • How sensitive information will be handled, including issues of privacy and confidentiality. Employers may need to disclose confidential information to investigate whether the risks are being controlled so far as is reasonably practicable or where there is an immediate risk to health and safety. They may also be required by law to disclose information. For example, if the employee is under the age of 18, consider whether Child Protection or Victoria Police need to be contacted.
  • Options for psychological support for all relevant parties. This may be internal or external support services. For example, an Employee Assistance Program (EAP) or relevant external agencies.
  • How all relevant parties will be kept informed as appropriate.
  • How outcomes will:
    • be transparently communicated to appropriate parties
    • be promptly implemented
    • consider any related ongoing risks to health and safety and be incorporated into risk management processes.
  • Additional external reporting options available to all parties, including options to escalate if a party is dissatisfied with the internal investigation process
• Outline possible outcomes where a breach of policy and procedure is identified.

For more information, see Managing reports of gendered violence.

Work design

Work design means the equipment, content and organisation of an employee’s work tasks, activities, relationships and responsibilities within a job or role.

Employers should consider how altering work design can reduce the risk of exposure to gendered violence. For example:

• Using an automated ordering system to reduce the number of interactions with customers.
• Providing bar service instead of table service in isolated areas away from co-workers.
• Emptying bins into an outside skip the next day rather than in darkness or while intoxicated people may be around.
• Where possible, meeting clients in the office rather than their homes or isolated environments.
• Moving tasks to more visible areas of the workplace.
• Rostering employees so no one works alone where possible, particularly for higher-risk times, shifts or tasks.
• Where possible, preventing or restricting public access to premises where people work alone or at night.
• Allocating tasks based on skill sets and experience, instead of traditional, socially prescribed gender roles.
• Where possible, ensuring project teams have the right mix of skills and gender ratios.
• Ensuring meetings and forums are inclusive.
• Where possible, scheduling meetings or training at times that suit all team members, including part-time employees.
• Giving all employees equal access to training and development opportunities.
• Ensuring any uniforms are not gendered and suit the needs of all employees.

Workplace environment

The workplace environment means environmental conditions that contribute to psychosocial risks such as:

• lighting
• temperature
• noise
• vibration.

Making alterations to the workplace environment to control the risk of gendered violence may include:

• Ensuring work-provided accommodation and facilities are private and secure. For example, providing:
  • all-gender toilets with separate cubicles
  • facilities that meet female employees’ menstrual needs, especially in remote or off-site locations
  • private change rooms and accommodation.
• Keeping the building secure, maintained and fit for purpose.
• Providing extra visibility by:
  • installing ample internal and external lighting, including in carparks
  • using mirrors to improve visibility and reduce blind spots
  • using transparent panelling for doors and windows
  • installing CCTV.
• Installing communication, surveillance cameras, duress and alarm systems. Ensure systems are regularly maintained and tested.
• Separating employees from the public where possible. For example, by providing:
  • protective barriers or screens
  • secure employee areas and facilities, such as swipe card access and dual entry/exit points.
• Controlling access to the workplace by installing effective barriers. Ensure they are used at high-risk times and for high-risk tasks.
• Ensuring employees can see or hear who is coming into the premises. Restrict access when necessary.
• Where possible, preventing or restricting public access to premises when people work alone or at night.

Provide information, instruction, training or supervision

Employers must provide necessary information, instruction, training or supervision. Where a combination of risk control measures is used, information, instruction or training must not be the predominant control measure.

You may only exclusively use information, instruction or training if it is not reasonably practicable to alter any of the following:

• management of work
• plant
• systems of work
• work design
• workplace environment.

Information, instruction, training and supervision helps to educate employees about controlling the risk of gendered violence.

Employers should deliver targeted training to employees at all levels. This includes during induction and at regular intervals.

Examples of information, instruction or training that can support risk controls may include:

• Providing information, instruction and training to all employees on the organisation’s gendered violence policy and procedure. This includes:
  • defining what behaviours constitute gendered violence
  • explaining reporting options and how the organisation will respond to the report
  • outlining what supports are available to all parties.
• Providing skills training to employees where relevant. For example:
  • training on being an active bystander and what to do if gendered violence is witnessed
  • situational risk assessment, such as when visiting homes or working alone
  • dealing with customers or clients who are unsafe, violent or aggressive.
• Educating employees about the organisation’s risk management plan and behavioural expectations before work events or travel. For example, responsible consumption of alcohol.
• Providing training on how to identify and respond to other psychosocial hazards and risks that may increase the risk of gendered violence.
• Providing targeted training to supervisors and managers on how to respond to informal and formal reports of gendered violence.