Workplace sexual harassment and sex or gender-based harassment are serious hazards that can cause both psychological and physical harm. Under the Work Health and Safety Regulation 2011 (WHS Regulation), persons conducting a business or undertaking (PCBUs), including employers, must proactively manage these risks to ensure a safe and compliant work environment.
From 1 March 2025, PCBUs will be legally required to prepare and implement a prevention plan to manage identified risks associated with sexual harassment and sex or gender-based harassment at work. The obligation applies wherever there is a known risk, requiring businesses to establish clear control measures to eliminate or minimise harm.
What is a Workplace Harassment Prevention Plan?
A prevention plan is a structured, written document outlining how an organisation will identify, assess, control, and monitor risks related to sexual harassment and sex or gender-based harassment. Unlike a complaints policy that reacts to incidents after they occur, in contrast, the required prevention plan is a proactive strategy designed to prevent harassment from occurring in the first place.
Key components of a prevention plan include:
- Identifying risks of sexual harassment and sex or gender-based harassment in the workplace
- Assessing potential harm and vulnerable areas within the organisation
- Implementing control measures such as workplace policies, training, reporting mechanisms, and cultural initiatives
- Reviewing and monitoring the effectiveness of these controls regularly
Employers may use existing policies and procedures to document the identified risks and control measures, provided they meet the legal requirements of a prevention plan.
Why is This Change Important?
The requirement for a formal prevention plan aligns with existing workplace health and safety laws, reinforcing that employers must actively prevent harassment, not just respond to it. A well-implemented prevention plan can:
✔ Reduce legal risks and potential liability for employers
✔ Create a safer and more respectful workplace for employees
✔ Improve employee morale and productivity by addressing risks proactively
✔ Ensure compliance with updated Work Health and Safety Regulations
Failure to comply could result in legal and financial consequences, including penalties for breaches of workplace health and safety duties.
How NB Employment Law Can Assist Your Business
At NB Employment Law, we understand that navigating these new workplace regulations can be complex. To support businesses in meeting their obligations under the 1 March 2025 changes, we provide expert guidance and tailored resources to help you create and implement an effective prevention plan.
Our team can assist you in:
✔ Developing a legally compliant prevention plan tailored to your workplace
✔ Identifying and managing harassment risks using a structured risk management approach
✔ Providing practical templates and documentation to ensure your business meets regulatory requirements
✔ Delivering workplace training and policy reviews to foster a safe and compliant work environment
Failing to implement a robust prevention plan not only puts workers at risk but could also expose businesses to legal and financial consequences. If you need assistance in preparing for these changes, NB Employment Law is here to help.
If you want to stay ahead and proactively prepare before these changes take effect, we offer a personalised prevention plan template tailored to your business. This includes a legal consultation to guide you through implementation, ensuring your workplace remains compliant and well-protected.
Don’t wait for these changes to take effect—talk to Joe Ramanlal today for fast, expert advice and customised solutions to safeguard your business!
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Join Our Workplace Harassment Prevention Plan Webinar
To ensure your business is compliant for the 1 March 2025 changes, join our upcoming webinar, where our legal experts will walk you through:
The new legal requirements for PCBUs under the WHS Regulation How to create an effective prevention plan that meets compliance standards Best practices for training employees and implementing risk controls How to minimise legal risks and protect your business
Date and Time: 12th March 2025
Speaker: Darren Taylor
Register Here!
Don’t leave compliance to chance. Contact NB Employment Law today for expert legal assistance in developing your prevention plan and safeguarding your workplace.