Many NSW employers are now aware of the Respect@Work reforms, which impose a positive duty to prevent sexual harassment. But fewer realise that sexual harassment is also treated as a psychosocial hazard under Work Health and Safety (WHS) law.
That means if you fail to prevent, manage, or respond appropriately to sexual harassment in the workplace, you could be breaching two different legal obligations—and face enforcement action from both SafeWork NSW and the Australian Human Rights Commission.
Is Sexual Harassment a Workplace Safety Issue in NSW?
Yes. Under the Work Health and Safety Act 2011 (NSW), employers—called Persons Conducting a Business or Undertaking (PCBUs)—have a primary duty of care to ensure the health and safety of workers.
This includes:
- Preventing psychological harm
- Managing psychosocial hazards
- Creating a physically and emotionally safe workplace
Sexual harassment is now recognised by regulators as a serious safety risk.
How Psychosocial Hazards Are Defined Under WHS Law
Psychosocial hazards are aspects of work that can cause psychological or physical harm, including:
- Sexual harassment
- Bullying
- Aggression
- Unsafe work design
- High or low job demands
- Poor support, culture or leadership
- Isolation or remote work issues
These hazards must be managed like any physical safety risk—assessed, controlled, and reviewed.
The SafeWork NSW Code of Practice: What You Need to Know
In 2022, SafeWork NSW adopted the national Code of Practice for Managing Psychosocial Hazards. This document sets out employer responsibilities in clear terms and is considered an enforceable guide under WHS law.
Employers must:
- Identify and assess risks like sexual harassment
- Implement effective control measures
- Consult with workers and HSRs
- Monitor and review outcomes regularly
- Simply having a policy or basic training is not enough—your measures must be effective in preventing harm.
What Are the WHS Penalties for Failing to Act?
Employers who fail to manage sexual harassment risks may face:
- Improvement or prohibition notices
- Fines and prosecutions
- Workers’ compensation claims for psychological injury
- Reputational damage
- Dual regulatory scrutiny (AHRC + SafeWork NSW)
FAQ: Common Employer Questions
Is sexual harassment considered a WHS issue in NSW?
Yes. It is a recognised psychosocial hazard under WHS law and must be proactively managed like any other safety risk.
What are psychosocial hazards under WHS law?
These include harassment, bullying, aggression, unsafe work demands, and cultural issues that could impact psychological health.
Can I rely on online training?
No. For high-risk or site-based environments, passive eLearning alone is unlikely to meet the “reasonably practicable” threshold under WHS law.
How ER Focus Helps NSW Employers Comply
At ER Focus, we provide:
- WHS-compliant Respect@Work training
- Supervisor coaching to manage workplace culture
- Psychosocial hazard risk assessments and controls
- Practical, real-world training for blue-collar and trade sectors
- Independent workplace investigations and complaint support
- Presentations for board or safety committees
- We work with employers across Sydney, Newcastle, Wollongong, the Central Coast, and regional NSW.
- Because we’re both ER specialists and experienced HR managers, we take a pragmatic, people-first approach—and work alongside trusted legal partners where needed.
Free Resource: Respect@Work + WHS Employer Checklist:
RespectAtWork_Employer_Checklist_ERFocus
Book a Training Session or Safety Briefing
- Call us for a confidential chat about your WHS obligations
- Book a tailored team training or leadership workshop
- Enquire about a conference or boardroom presentation
Disclaimer
This blog provides general guidance only. It is not a substitute for legal advice. ER Focus is not a law firm but partners with trusted employment lawyers for clients who require legal representation or advice.