A SafeWork NSW compliance program has issued 16 improvement notices to 11 hospitality venues across NSW in relation to sexual harassment work health and safety (WHS) hazards.
During the two-month program, inspectors led by SafeWork NSW's Respect at Work Taskforce, assessed whether 38 businesses were proactively managing WHS to prevent sexual harassment within their workplace, including key drivers such as inappropriate use of alcohol; late night work; and close interactions with customers.
Key themes from the compliance program evaluation included the need for venues to:
- establish better consultation processes with workers to identify, develop and implement general WHS control measures to protect workers
- implement training for workers on risks relative to bar work, including sexual harassment and incident reporting
- consider a range of control measures to manage psychosocial risks including sexual harassment.
Other findings from the program included:
- The majority of venues had systems of work in place for identifying the risks of workplace sexual harassment
Of the venues visited, 92 per cent were identified as having a system of work in place to identify the risk of sexual harassment. Eight of the 38 venues had not considered a comprehensive range of factors when assessing these risks, for instance having risk registers that were broad and lacking sufficient detail in addressing the risks of sexual harassment. SafeWork NSW recommends that businesses consult with their workers to ensure any control measures put in place are appropriate and effective.
- Reporting pathways available to workers
Almost all venues had reporting pathways available for sexual harassment incidents. However, fewer venues had systems in place to investigate reported incidents. SafeWork NSW encourages venues to put in place clear, timely and confidential processes to manage reports effectively.
- WHS training being provided to workers
82 per cent of venues visited had some form of training in place for workers and managers on sexual harassment prevention, with several venues visited providing mandatory training for all workers, including e-learning modules and Respect at Work training. SafeWork NSW advises that training should include, what sexual harassment is, the drivers of workplace sexual harassment and how to address these drivers.
- A need for ongoing support and guidance
Several venues surveyed following the visits expressed a need for ongoing support, particularly to understand the necessary steps required to prevent workplace sexual harassment.
To help businesses understand how to prevent and respond to workplace sexual harassment, the SafeWork NSW Respect at Work website has advice and resources, including the NSW Code of Practice for sexual and gender-based harassment and a specially tailored "how to" guide for hospitality businesses.
Workers who experience unsafe practices are urged to report it to their workplace. If workers are not able to report the WHS issue or are not satisfied with the workplace's response, they can report WHS issues to SafeWork (with the option to report anonymously), via the "Speak Up Save Lives" website.
Workers can also call SafeWork NSW on 13 10 50 or report online using the SafeWork Psychosocial Hazards Report Form.
Quotes attributable to SafeWork NSW Director Capability and Engagement, Christina:
"Sexual harassment in any workplace is unacceptable. However, we know that hospitality workers face a higher-than-average risk of experiencing sexual harassment –whether due to the service of alcohol, late night work or the expectation that customer needs are prioritised over worker safety and respect.
"This inspection program across 38 NSW hospitality venues demonstrates that progress is being made, however more needs to be done including across the areas of leadership, training, reporting and work design, to ensure the health and safety of the hospitality workers.
"As the workplace safety regulator, SafeWork NSW has increased its focus on this pervasive harm and urges the hospitality industry to take proactive steps to protect its workers from sexual harassment".
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