In a significant move to combat workplace sexual harassment, Amendments to the Work Health and Safety Regulation 2011 (as per the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024) will soon commence on 1 March 2025. The amendments require Queensland businesses and employers to prepare a written prevention plan to manage the risk of sexual harassment and sex or gender-based harassment at work. These changes mark a crucial step in strengthening worker protection and fostering safer work environments across the state.

Key Requirements

This new requirement builds upon previous amendments that came into force on September 1, 2024, which obligated employers to proactively implement control measures to minimize such harassment.

Prevention Plan Components

The prevention plan must include several key elements:

1. Written Format: The plan must be documented in writing.
2. Risk Identification: Each identified risk must be clearly stated.
3. Control Measures: The plan should outline implemented or planned control measures for managing identified risks.
4. Consideration Factors: Businesses must identify the factors considered in determining control measures, such as age, gender, sexual orientation, and workplace diversity.
5. Consultation Process: A description of the consultation undertaken with workers regarding WHS matters.
6. Reporting Procedures: Clear procedures for dealing with reports of sexual harassment and sex or gender-based harassment.
7. Accessibility: The plan must be readily accessible and understandable to all workers.

Compliance Recommendations

To ensure compliance with these new regulations, businesses should:

1. Actively manage the risk of sexual harassment and sex or gender-based harassment in the workplace.
2. Prepare and implement a prevention plan well before the March 1, 2025, deadline.
3. Notify workers about the prevention plan and ensure they know how to access it once it's prepared and implemented.

It's important to note that failure to prepare and implement a prevention plan may result in penalties. These new regulations underscore Queensland's commitment to creating safer workplaces and preventing sexual harassment, positioning the state as a leader in addressing this critical issue through WHS legislation.

Businesses are advised to start preparing for these changes well in advance of the March 2025 deadline. Consulting with HR experts and legal professionals can help ensure full compliance and effective implementation of these new WHS requirements. 

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