OHS, sexual harassment, HR and the pursuit of prevention

HRDaily unlocked an article concerning workplace sexual harassment on March 6 2020. The article was written by lawyer Fay Calderone and SafetyAtWorkBlog sought clarification from her on a number of points.

Some of the issues raised in the original article and Calderone’s responses will be discussed in a secondary article.

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The concept of “Coercive Control” should be applied to workplace violence

“Coercive control” is getting attention in New South Wales in relation to domestic violence but there are similarities to workplace behaviours such as sexual harassment and bullying.

The Chief Psychiatrist of Victoria’s “guideline and practice resource: family violence” says

“Family violence is understood as a pattern of repeated and
coercive control, aiming to control another person’s thoughts, feelings and actions.”

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New gendered-violence guide is good on the What but thin on the How

Australia’s trade union movement has been at the forefront of many of the occupational health and safety (OHS) changes, especially workplace stress and bullying. Other than Industrial Manslaughter laws, its most recent campaign targeted to a workplace hazard has revolved around work-related gendered violence. Last week WorkSafe Victoria released a guide to employers on “work-related gendered violence including sexual harassment”. The advice in this guide is good but does not go far enough and is less helpful than it could have been.

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Sexual harassment changes are percolating slowly

Discussion on the report into sexual harassment in Australian workplaces went missing last weekend which included International Women’s Day. March 8 generalised much of the discussion on the need for new approaches to feminism, wages and gender equity. This is not to say that organisations had forgotten about the National Inquiry’s Final Report or the occupational health and safety (OHS) context, but few were as blunt about the issue as broadcaster Virginia Trioli and workplace lawyer Liberty Sanger on ABC radio this week.

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Final Sexual Harassment Inquiry report

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“The Sex Discrimination Commissioner has come out with something that is clear, which is that sexual harassment is a workplace right, is a health and safety right, is a human right.” [??!!]

What would be more accurate and reflective of Michele O’Neil’s position is that workers have a human, health and safety, and workplace right to a workplace that is without the risk of sexual harassment.  The ACTU President gets the message right in the official media release.

O’Neill urges the Morrison Government to take the final report into sexual harassment in Australian workplaces and its recommendations seriously and it should, but the signs are not good.  The mainstream media coverage of the Workplace Sexual Harassment Inquiry’s report has been thin. 

Continue reading “Final Sexual Harassment Inquiry report”