Psychosocial risk management scenario | Sexual Harassment

This scenario is an example of how to use the risk management process to control the risk of sexual harassment. This is an example only, the hazards and risks are different at every workplace, and ways of managing psychosocial health and safety will need to be assessed and controlled specific to each workplace.

Identifying psychosocial hazards and risks

Jeremy is the Chief Executive Officer of ‘Bits and Gear’. Bits and Gear sells camping equipment and has multiple shop fronts around Australia, including in the ACT. Jeremy was informed by Human Resources (HR), that a complaint had been raised from a current worker of the ACT store regarding allegations of sexual harassment, allegedly perpetrated by the worker’s manager.

Jeremy contacted HR to find out further details of the complaint. Jeremy was told that the complaint was raised by Stephanie who is a young, casual worker. Stephanie raised multiple concerns:

On one occasion, Stephanie and her manager were both in the back storeroom. Stephanie complained that her shoulders were sore, unprompted her manager started to give her a shoulder massage. Stephanie wanted to say something but felt awkward. She also tried to leave the room but could not get past him as there was no room to move, due to the closeness of the shelves.
Stephanie’s manager always asks Stephanie “do you have a boyfriend yet?” and always tells her that “she is so pretty” and “if she gave him a chance, he would treat her right”.
Stephanie also raised with HR that she was not sure if being asked about her dating life and being ‘complimented in that way’ constituted sexual harassment. She was also afraid of raising her concerns directly with her manager, as her manager rosters her shifts and she was worried about having her shifts cut.

Assessing psychosocial risks:

Jeremy asked HR to investigate the matter. HR conducted an investigation which included:

Talking to Stephanie and her manager separately.
Talking to other workers at the workplace.
Reviewing the workplace’s current behavioural policy, and
Reviewing the workplace’s current incident register to see if there were any previous incidents of sexual harassment.

As soon as Jeremy was made aware of the allegations, he asked HR to ensure Stephanie and her manager were put on separate shifts, to try and eliminate any immediate risk.

Controlling psychosocial risks:

Specific to the incident

Through the investigation it was confirmed that:

The manager had engaged in sexually harassing behaviours towards Stephanie and towards another worker.
Sexual harassment breached the workplace’s behavioural policy.
As a result of the investigation the manager’s contract was terminated. From a WHS perspective this also eliminated the risk of sexual harassment in this instance.

HR also provided the following support to Stephanie and the other worker during the investigation:

Regular check ins with Stephanie and the other worker.
Reminded all workers about the workplace’s employee assistance program and provided its phone number.
Asked whether they needed any time off work or other support such as a flexible working arrangement.
Advised the employees at a high level about progress with the investigation, including a date they could expect the outcome.

General to the company

To manage the risk of sexual harassment, HR consulted with workers at the ACT store to determine what controls would best suit the workplace. Consultation was also extended to other business locations.

A management plan was developed that proposed:

Reviewing all storerooms to ensure adequate space for two people to move around without the need to touch or brush against each other.
The drafting and implementation of a standalone sexual harassment policy which will include examples of what may constitute sexual harassment, and what will happen if a worker breaches this policy.
All workers to undertake an online training module on sexual harassment.
All managers and supervisors to undertake a management specific training course which outlines the duties and responsibilities of managers.

Workers were given two weeks to provide any feedback on the draft plan. The views of workers gained through the consultation were taken into consideration, and implementation of the plan was led by Jeremy who ensured the agreed timeframes were met.

Monitor and review the control measures:

Jeremy reviewed the new control measures by ensuring:

HR is now required to regularly correspond with all managers and assistant managers reminding them of their duties and responsibilities.
Copies of all company policies are available on the intranet portal for all workers.
Jeremy has put in place a fortnightly review of the incident and grievance register to see if there were any further complaints regarding sexual harassment. This will help Jeremy to assess whether controls are effective.

Jeremy has also started using the People at Work survey tool to identify, assess and control risks to psychological health at his workplaces. People at Work is a free and validated Australian psychosocial risk assessment survey. The survey assesses several of the most common psychosocial hazards and factors.

Resources are provided to help organisations:

Prepare for and roll out the People at Work survey.
Interpret the results, and
Take action based on the survey results.

On completion of the survey organisations will receive a report that compares organisational results against a benchmark of Australian industries.