As part of a raft of changes coming in the weeks and months ahead in relation to discrimination laws in Queensland, work health and safety rules are being amended to require relevant employers to implement a sexual harassment prevention plan from March 1, 2025. The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 requires the “person conducting the business or undertaking” (PCBU) (usually the employer) to prepare a written prevention plan.

This written plan must include the following components:

• States each identified risk to a worker’s health and safety from sexual harassment or sex- or gender-based harassment.
• Identifies the control measures implemented, or to be implemented, to manage each identified risk.
• Identifies the matters the PCBU considered, including:
  
  • the workers’ age, gender, sex, sexual orientation, disability;
  • characteristics of the work environment, such as culture or systems of work (including how work is managed, organized and supported), in which unacceptable or inappropriate behavior is, or may be, permitted;
  • a lack of diversity in the workplace generally or in particular decision-making positions;
  • other matters about the workplace or work environment that may affect a person’s behavior in relation to a worker;
  • the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards;
  • how the psychosocial hazards may interact or combine;
  • the design of work, including job demands and tasks;
  • the design and layout, and environmental conditions, of the workplace, including the provision of safe means of entering and exiting the workplace, and facilities for the welfare of workers;
  • the design and layout, and environmental conditions, of workers’ accommodation;
  • the plant, substances and structures at the workplace (more information on these can be found in the applicable WorkSafe Queensland code of practice);
  • workplace interactions or behaviors; and
  • the information, training, instruction and supervision provided to workers.
• Describes the consultation undertaken by the person conducting the business or undertaking about the plan.
• Sets out the procedure for dealing with reports of sexual harassment or sex- or gender-based harassment at work, including:
• how a person may make a report;
• how the report will be investigated;
• that the person who made the report may be represented by a representative;
• how the person who made the report and other parties will be informed of the results of the investigation; and
• that the person who made the report may also use the issue resolution procedures and the dispute resolution process in part 5, divisions 5 and 7A of the Act.

The plan must be set out and expressed in a way that is readily accessible and understandable to workers. In so doing, employers should consider questions like:

• Do we have young people working together late at night?
• Do we have teams with wide generational variety, such that younger persons may feel unable to challenge a more senior person?
• Do we have events with alcohol involved?
• Do we have colleagues working alone together late at night?
• Are we aware of cases in the past where our staff have been harassed?
• Have our anonymous staff surveys revealed any concerning behavior?
• Do any parts of the business / any individuals have a history of harassing behavior?
• Are we confident that our people feel empowered to come forward should there be a problem?

These are detailed obligations which will require PCBUs to devote some time and care to ensuring the plan is met. Employers are encouraged to undertake a risk assessment now and prepare a plan to address this significant reform. Employers that have conducted health and safety risk assessments will be well-placed to address this new reform.