The WA State Department of Justice, which was the recipient of a record breaking fine in 2022, is facing a $3.5 million fine in the first case involving failure to control psychosocial hazards. The charges are leveled following a prison officer claiming that the Department failed to implement procedures to tackle inappropriate workplace behaviours, including bullying, harassment, sexual harassment and victimisation.
Case Review
In 2022 the Work Health and Safety Laws in WA were changed to match the national model laws. This included the adoption of duties for employers to control psychosocial hazards when discharging the primary duty of care to provide a safe workplace.
This case is the first since that change to be prosecuted under the new laws.
Learnings for all businesses
Employers should take this opportunity, in Safety Month, to review their workplace for psychosocial hazards, review the training provided to managers and staff on expected conduct and concern raising channels, and to ensure that all levels of management are aware of the appropriate investigation and response protocols when there is an incident, breach or concern.
WorkSafe reminded other duty holders that the WHS Codes of Practice, Psychosocial hazards in the workplace and Workplace behaviour, provide practical guidance on managing psychosocial risks.
Western Australia also has the WHS Code of Practice, Violence and aggression at work, which provides health and safety guidance for workplaces where individuals might be exposed to forms of violence and aggression such as physical assault, sexual assault, verbal abuse, threats, intimidation and harassment.
Here to Help
ACAPMA has produced a Safety Alert Fact Sheet that is available to Members to assist with communicating these important elements to staff. Members can request a copy of the Fact Sheet by emailing employment@acapma.com.au
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
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