Obligations to Provide a Safe Workplace

Employers have an active duty to their employees to ensure a safe work environment and the significant financial penalties and reputational risk if they fail to comply. In a recent case an employer was fined $100,000 for its failure to do so.

Following a complaint made by an employee of sexual harassment a Worksafe Investigation found that the employer had no formal system in place to identify, prevent, manage, investigate or respond to the inappropriate workplace behaviour alleged, due to an absence of policies, procedures, documentation or processes.

Though the employer did hold monthly meetings that occasionally discussed the issue of harassment the Court found such “meetings in no way were sufficient noting that "regular team meetings or informal chats don't count as adequate measures to control inappropriate behaviour”.

As stated, the obligation on employers is to be pro-active in ensuring that they prevent harassment and bullying in the workplace. Having a policy is only the start. The employer must assess the risks and put in place policies, procedures and processes to protect their employees. An important part to is to train employees appropriately as to the standards of behaviour required and to constantly reinforce the training and communicate effectively.

“Primary Employers Tasmania has template policies available on the Members’ Only section of the website and Andrew can assist in implementing and training staff. “