Workplace safety is no longer just about hard hats and hazard signs. Today, it extends to psychosocial hazards, including the ever-present risk of sexual or gender-based harassment. With the evolution of legal frameworks and societal expectations, Australian businesses are expected – indeed, required – to take meaningful steps to ensure the safety and dignity of all employees.
In Queensland for example, Section 55(H) of the Work Health and Safety Regulation 2011 explicitly codifies this expectation. As more cases of harassment come to light, it’s clear: compliance is not optional. Businesses must proactively identify and manage the risk of sexual harassment or face considerable risk.
In this article, we’ll unpack:
- The legislative obligations under Section 55(H);
- The key risk factors that heighten the likelihood of sexual harassment in the workplace;
- The most effective mitigation strategies;
- How Proven Safety Solutions is supporting cultural transformation; and
- The high cost of inaction, from lawsuits to lost talent and damaged reputations.
Let’s dive in.
Understanding WHS Regulation 2011 – Section 55(H)
Section 55 of the Work Health and Safety Regulation 2011 requires a person conducting a business or undertaking (PCBU) to manage risks to health and safety associated with a hazardous work environment. Specifically, Section 55(H) calls out the requirement to manage risks arising from the “design of, or the systems of work associated with, the work environment.”
This broad phrasing includes psychosocial hazards – those that arise from the way work is designed and managed, including the risk of sexual harassment. It means employers are legally bound to:
- Identify if there are systems, structures, or cultures that may expose workers to sexual harassment;
- Assess the likelihood and consequence of harm;
- Implement control measures to eliminate or minimise the risk;
- Monitor and review the effectiveness of those controls.
In effect, this is a legislative call to action for companies to take sexual harassment seriously—not just from a moral standpoint, but as a WHS compliance issue.
Contributing Factors to Sexual Harassment
To mitigate risks, businesses must first understand the factors that allow sexual harassment to occur. These are often enabled by a combination of environmental, cultural, and structural issues.
Here are the major contributing factors:
1. Power Imbalances
Sexual harassment often flourishes where power disparities exist – between managers and employees, or senior staff and contractors. These power dynamics create environments where perpetrators feel emboldened, and victims feel they cannot speak up.
2. Workplace Cultures Tolerating Inappropriate Behaviour
In environments where “banter” crosses professional boundaries or where inappropriate behaviour is laughed off, harassment is more likely to be normalised. Cultures that devalue respectful interactions are fertile ground for misconduct.
3. Single Sex-Dominated Industries
Statistically, industries with skewed gender representation-like mining, construction, and tech – see higher rates of sexual harassment, particularly where this is combined with a power imbalance.
4. Inadequate Policies and Training
A “tick-the-box” approach to training or poorly communicated policies will do little to prevent or address harassment. When employees aren’t educated on boundaries, the organisation is at greater risk.
5. Remote and Isolated Work
Fly-in-fly-out (FIFO) or night-shift workers may face greater vulnerabilities due to isolation, lack of supervision, or a intolerant subculture in such environments.
6. Casualisation and Job Insecurity
Workers who fear for their jobs are less likely to report harassment. Temporary and insecure employment arrangements often create a “don’t rock the boat” mentality.
7. Poor Leadership and Accountability
If leaders fail to model respectful behaviour or turn a blind eye to complaints, sexual harassment becomes entrenched. Leadership is central to culture – and culture is everything.
Effective Mitigation Strategies
Knowing the risks is just the start. The real task lies in implementing proven, proactive strategies to eliminate or significantly reduce those risks. Here’s where Proven Safety Solutions comes into support.
1. Psychosocial Risk Assessments
Workplaces should begin with a comprehensive psychosocial hazard assessment, mapping the risk of sexual harassment across teams, locations, and workflows.
Proven Safety Solutions offers tailored audit services that evaluate:
- Workplace design and structure
- Supervisory relationships
- Cultural drivers
- Employee perceptions of safety and support
This diagnostic tool is essential for targeted intervention.
2. Robust Reporting Systems
Confidential and accessible reporting channels are a must. Whether digital hotlines, third-party ombuds services, or open-door HR policies, employees must feel safe to come forward.
Partnering with Proven Safety Solutions, organisations can implement best-practice complaint handling systems that encourage early reporting and fair resolution.
3. Training That Moves the Needle
Annual eLearning modules don’t cut it. Effective training needs to:
- Be tailored to role and risk level;
- Include bystander intervention techniques;
- Emphasise accountability and respect;
- Be delivered in person wherever possible.
Proven Safety Solutions has been at the forefront of developing interactive training programs that change attitudes and reduce risk – especially in high-hazard industries.
4. Leadership Development
Your culture walks and talks like your leadership. Ensuring that managers and executives are:
- Trained in respectful leadership;
- Held accountable for team conduct;
- Encouraged to champion safe environments;
Effective leadership will amplify all other mitigation efforts. Leadership coaching by Proven Safety Solutions has shown measurable results in improving workplace culture and psychological safety.
5. Monitoring and Continuous Improvement
No strategy is “set and forget.” Effective risk mitigation requires ongoing evaluation, incident trend analysis, and workforce feedback loops.
With tools like safety culture pulse checks, employee perception surveys, and incident heat maps, Proven Safety Solutions empowers businesses to course-correct in real-time.
The High Cost of Inaction
Let’s be clear: failing to address sexual harassment is not just unethical, it’s incredibly expensive.
Here’s what’s at stake if your business doesn’t act:
1. Legal and Financial Costs
The average settlement in sexual harassment claims can run into six figures, not to mention:
- Legal representation
- Regulatory fines
- Insurance premium hikes
And now, under the Respect@Work reforms, employers face positive duties to prevent harassment – not just respond to it.
2. Reputation Damage
In the age of social media, your brand can unravel in days. Public allegations, even if unproven, damage trust with clients, investors, and talent.
3. Lost Productivity
Toxic cultures create disengagement. Studies show that harassed employees are 70% more likely to underperform, be absent, or quit – taking their skills and institutional knowledge with them.
4. Turnover and Recruitment Costs
Replacing an employee costs up to 150% of their salary. If your business becomes known as a place where harassment goes unchecked, attracting top-tier talent becomes impossible.
5. Team Dysfunction and Culture Collapse
Unchecked harassment affects everyone. Morale nosedives. Trust erodes. Team cohesion breaks down. Recovery can take years – if it happens at all.
Final Thoughts: Prevention is the Key!
Harassment is preventable. But it requires leadership, intention, and investment. By complying with Section 55(H) and going beyond the bare minimum, businesses don’t just avoid liability – they build safer, more respectful, and more productive workplaces.
Proven Safety Solutions is proud to support Australian businesses on this journey. With expert-led training, tailored risk assessments, and continuous improvement frameworks, they help companies not only comply but thrive.
As we’ve discussed, the costs of inaction are too great. But the rewards of a safer, fairer workplace? They’re priceless.
So, ask yourself – what’s your plan? And if you don’t have one yet, maybe it’s time to call Proven Safety Solutions.
Let’s build a future where every employee feels safe, respected, and valued – every day.
If you are looking to improve your business outcomes, then a Proven Safety Solution may be what you need. If you have any specific aspects, you’d like more information on or if you have further questions, reach out by Clicking Here!
