Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:3:p4
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 3 (pt 4/8)
Character Range: 43266–47159

worker or group of workers that creates a risk to health and safety.[3] This includes bullying by workers, clients, patients, visitors, or others.

                                                           Examples: repeated incidents of practical jokes or initiation, spreading misinformation or malicious rumours, belittling or humiliating comments, being verbally denigrated or threatened.

Harassment including sexual harassment                     Harassment due to personal characteristics such as age, disability, race, nationality, religion, political affiliation, sex, relationship status, family or carer responsibilities, sexual orientation, gender identity or intersex status.

                                                           Sexual harassment - any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, in circumstances where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.[4]

                                                           Harmful behaviour that does not amount to bullying (such as single instances) but creates a risk to health or safety.

                                                           Workplace technology-facilitated sexual harassment can happen by phone, email, camera or online (such as through social media platforms), or by misusing shared workplace technology (such as shared calendars).

                                                           Examples: telling insulting jokes about particular racial groups; making derogatory comments or taunts about someone's disability; asking intrusive questions about a person's body; staring, leering or unwelcome touching; sexual or suggestive comments, jokes or innuendo; unnecessary familiarity, such as deliberately brushing up against a person.

Conflict or poor workplace relationships and interactions  Poor workplace relationships or interpersonal conflict between colleagues or from other businesses, clients, or customers.

                                                           Frequent disagreements, disparaging or rude comments, either from one person or multiple people, such as from clients or customers. A worker can be both the subject and the source of this behaviour.

                                                           Discrimination or other unreasonable behaviours by co-workers, supervisors or clients.

                                                           Inappropriately excluding a worker from work-related activities.

                                                           Examples: Unresolved and excessive conflict regarding work tasks, processes, customers, interpersonal issues, treating some workers less favourably than others because of their background or personal characteristics.

Appendix A and Appendix B provide further examples of these hazards

Factors that may put some workers at higher risk

Like for physical hazards, some workers may be at greater risk from psychosocial hazards due to their lived experience or their confidence or experience participating in health and safety or other organisational processes. This means there is a greater likelihood or severity of harm for these workers. For example, workers with:

    -          limited experience in the workplace (e.g. young workers)
    -          barriers to understanding safety information (e.g. literacy or language)
    -          perceived barriers to raising safety issues (e.g. power imbalance or stigma)
    -          previous exposure to a hazard
    -          culturally and linguistically diverse workers, or
    insecure or precarious forms of employment.
For example, inexperienced workers may not identify harmful behaviours or have the confidence to report them.