From 1 September, important changes have been made to the Queensland Work Health and Safety Regulations regarding the requirement to manage psychosocial risks that arise from sexual harassment and sex- or gender-based harassment. 

The new regulations require persons conducting a business or undertaking (PCBUs) to take into account the following matters when determining appropriate controls to manage the risk of sexual harassment and sex- or gender-based harassment: 

• matters relating to the characteristics of workers such as age, gender, sex, sexual orientation or disability; and
• matters relating to characteristics of the workplace or work environment, such as:
  • whether there is a work environment that may give rise to a workplace culture or system of work in which unacceptable or inappropriate behaviour is, or may be, permitted;
  • whether there is a lack of diversity in the workplace generally or in particular decision-making positions; and
  • any other matters about the workplace or work environment that may affect a person's behaviour in relation to a worker.

The regulations provide examples, including:

• a younger worker’s sex may be relevant if the majority of other workers are all of a different sex and of a similar age to each other;
• the work environment in a hotel may be a relevant factor if patrons at the hotel may be affected by drugs or alcohol; and
• an employee being a casual or part-time worker, and their supervisor being a permanent staff member may be a relevant factor.

The purpose of these new regulations is to ensure PCBUs focus specifically on the risk environment of their own workplaces and the workplaces where their workers may be required to go.

From 1 March next year, Queensland businesses will also need to prepare a prevention plan to address these risks and take steps to ensure workers are made aware of this plan.

The prevention plan must be in writing, identify the risks and controls in place as well as the factors that the PCBU took into account, including consultation on the process. The plan must specifically address:

• how reports of an incident may be reported;
• how alleged incidents will be investigated; and
• the process for issue and dispute resolution.

The plan must be reviewed every 3 years or earlier if there is a reported incident or if a health and safety representative or health and safety committee requests the review.