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Kim’s story
Kim is an outreach youth worker at a not-for-profit organisation. The organisation supports at-risk young people aged 15 to 25.
Her role connects clients to various support services, including:
- education and training programs
- drug and alcohol services
- mental health services
- accommodation assistance
- legal advice.
Kim meets with her clients alone at various locations within the local government area. This includes:
- their homes
- crisis accommodation units
- community spaces.
Kim’s new client, Alex, was recently released from a youth justice centre. Alex asked Kim if they could have their meetings at the share house where he was temporarily staying.
Over time, Alex began to make sexualised comments towards Kim and repeatedly asked her to meet up socially. Alex’s friends were also occasionally at the house when Kim visited. During the most recent visit, they leered at Kim and made sexually suggestive jokes. Kim felt uncomfortable and unsafe. She told Alex that she had another appointment and left the share house.
Kim was unsure what to do and called her manager to report her recent experiences. She also mentioned that this was not an isolated incident.
Kim’s manager:
- gave Kim the option to access psychological support through the workplace’s Employee Assistance Program provider
- offered options to modify her work arrangements
- continued to monitor Kim’s wellbeing through regular conversations with her.
Kim’s manager has provided individual support to Kim. But they have not properly responded to the report of a psychosocial hazard.
Read on to see how Kim’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Kim’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>
Kim has been exposed to sexual harassment during her visits. She has also been exposed to other psychosocial hazards, including:
- remote or isolated work
- low job control.
Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
- Controlling the risks associated with psychosocial hazards
Kim’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 Kim’s employer can implement include:
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Kim. For example, making alternative work arrangements so she does not need to have contact with Alex.
- Investigating Kim’s report in a fair, timely and transparent way. This should be in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including sexual harassment.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Identifying risks by reviewing employee feedback and trends on:
- referrals
- client backgrounds and needs
- the operating environment.
- Changing the design of work to address identified risks. This may include altering service delivery methods, where necessary. For example:
- only holding meetings virtually, via telephone or in office locations
- 2-up visits, where 2 employees visit clients together.
- Developing and implementing procedures for outreach services and remote or isolated work. For example:
- doing intake and risk assessments for all clients to identify history of any sexually inappropriate behaviour or other risks
- developing a risk management plan to manage risks identified in these assessments, including the risk of sexual harassment
- ensuring employees are aware of risk management plans and training them to respond appropriately
- reviewing and updating risk assessments and risk management plans where necessary, such as when:
- additional information becomes available
- there are changes in the client’s circumstances or presentation
- communicating to employees about any changes to the risk management plans.
- Developing and implementing clear communication procedures so employees can access immediate support when required from:
- co-workers
- management
- other people
- emergency services.
- Ensuring suitable communication equipment is available.
- Developing and implementing check-in procedures before and after travelling or meeting clients off site. For example, through:
- texts
- phone calls
- messages to a team chat.
- Regularly checking in and monitoring to make sure employees feel supported and are coping with working from their remote or isolated location. For example, by setting up regular meetings.
- Providing skills-based training to employees where relevant, including on:
- situational awareness
- dynamic risk assessment.
- 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>
Laura’s story
Laura works as a graduate architect at an award-winning architecture and design firm. She has a fixed-term contract.
She was recently allocated to a team that delivers high-profile commercial projects. The team’s supervisor is Ben, the principal architect. The team has an increasing workload because various external stakeholders keep asking for project changes.
Laura is the only graduate architect in the team. She has asked for help, but her colleagues have not had capacity to support her due to their own high workload. Laura has worked extended hours on most days.
Over time, Laura has started to notice that Ben would often comment on her appearance and clothing. Ben sent regular private messages to Laura and repeatedly asked her to go out for a drink after work.
Ben’s behaviour escalated when Laura did not respond to his messages. He told Laura that she would need to provide personal and sexual favours to be considered for high-profile projects on an ongoing basis. He said that working on these projects would strengthen her resume and make it easier for her to secure ongoing employment.
Laura became anxious about going to work. She also worried about what would happen at the end of her current fixed-term contract. She spoke to her family members, who encouraged her to report her experiences to the Human Resources (HR) Manager.
Laura scheduled a meeting with the HR Manager, Julia, and reported the incidents. Julia:
- offered psychological support via the organisation’s Employee Assistance Program provider
- offered options to modify Laura’s work arrangements
- explained how the organisation responds to reports of psychosocial hazards, including sexual harassment
- continued to monitor Laura’s wellbeing through regular conversations with her.
Laura’s HR manager has provided individual support to Laura. But she has not properly responded to the report of a psychosocial hazard.
Read on to see how Laura’s employer should follow the risk management process to control the risk.
- Identifying psychosocial hazards and assessing associated risks
Laura’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>
Laura has been exposed to sexual harassment in the workplace. She has also been exposed to other psychosocial hazards, including:
- high job demands
- low role clarity
- poor support.
Exposure to multiple psychosocial hazards can increase the risk of psychological harm.
Employees who are young and less experienced may also be at increased risk of harm.
- Controlling the risks associated with psychosocial hazards
Laura’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 Laura’s employer can implement include:
- Acting promptly to identify and manage immediate safety issues. This should be done in consultation with Laura. For example, making alternative work arrangements so she does not need to have contact with Ben.
- Investigating the report in a fair, timely and transparent way. This should be in line with the workplace’s policy and procedure for investigating reports and incidents involving psychosocial hazards, including sexual harassment.
- Identifying and managing any ongoing risks in the working environment.
- Implementing the investigation outcomes promptly.
- Reviewing and analysing all informal and formal reports of sexual harassment. This should also consider internal workplace data, such as:
- organisational or operational records
- OHS information
- HR information.
- Identifying any associated patterns, trends or risks. This may include:
- the gender composition of all levels of the workforce
- the nature of the sexual harassment
- the positions of the perpetrators
- whether sexual harassment is commonly perpetrated by senior colleagues or leaders
- any related or underlying hazards that might increase the risk of sexual harassment
- developing and implementing an action plan to address risks identified.
-
Analysing how:
- projects are scoped and resourced
- tasks are structured and managed.
This will help to identify risks and underlying sources of high workload in the team.
- Developing and implementing an action plan to address risks identified in the project workload analysis.
- Developing and implementing a system of work to report and manage frequent changes to task requirements. This will help to reduce the risk of:
- low role clarity
- associated high job demands.
- Developing a structured graduate mentoring program or buddy system to help with on-the-job learning and support.
- 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.
- Providing information, instruction and training to all employees on the organisation’s sexual harassment policy and procedure. This includes:
- defining what behaviour comprises sexual harassment
- explaining reporting options and how the organisation will respond to the report
- outlining what supports are available to all parties.
- Providing skills training to all employees on:
- being an active bystander
- what to do if they witness sexual harassment.
- 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>