Reducing risk of sexual harassment: a positive duty of care

Abstract

The oil and gas sector has made progress towards becoming safer and more respectful for all employees. However, recent public reports, including the Western Australian Parliament’s ‘Enough is Enough’, and increasing engagement from National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), continue to demonstrate that sexual harassment remains pervasive across the industry – 32% of people still experience sexual harassment in their workplace. The social, physical, psychological, and financial costs of sexual harassment are devastating, both to individuals and employers. The damage can carry long-term business and reputational consequences. All Australian employers are under a new, legally enforceable positive duty to take ‘reasonable and proportionate measures’ to prevent sexual harassment. It requires proactive steps to ensure sexual harassment is prevented from happening in the first place. Vicarious liability provisions have been expanded so that employers can now be held accountable – even if no complaints are lodged. Employers require a clear framework to ensure they are meeting their positive duty obligations. There are three key areas that can enable the oil and gas sector to strategically leverage their compliance activities, maximising benefits for their business and for their people. These key areas include: (1) capability and engagement of leaders and management; (2) understanding the risk factors and drivers of sexual harassment for the industry, and for individual organisations; and (3) understanding employee experiences of psychological safety, culture, and behaviours.