The Queensland Government has introduced the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024, requiring all businesses, including retailers, to proactively address workplace sexual harassment. With a focus on prevention, this regulation mandates a Sexual Harassment Prevention Plan that businesses must implement by 1st March 2025.
Why This Matters for Retail Businesses
Retail is one of the industries with the highest reported incidents of workplace sexual harassment, with 40% of workers experiencing some form of harassment. The retail environment, characterised by frequent customer interactions, young and casual workforce members, and high employee turnover, poses unique risks that retailers must now address.
Key Regulatory Changes
The Work Health and Safety Regulation 2011 has been amended to make managing sexual harassment risks a clear requirement. The two major changes include:
- Since September 1, 2024 – Retail businesses must assess workplace characteristics that may increase harassment risks, such as staffing structure, shift work, and isolated work environments.
- By March 1, 2025 – Retail businesses must have a Sexual Harassment Prevention Plan that identifies risks, implements control measures, and outlines clear reporting and investigation procedures.
What Retailers Need to Do
To comply, retail businesses must:
- Identify risks: Consider workplace characteristics, such as younger employees, customer interactions, and late-night shifts.
- Implement control measures: These could include staff training, improved supervision, and clear policies on workplace behaviour.
- Document a Prevention Plan: This plan must outline risks, mitigation strategies, and procedures for reporting and handling harassment complaints.
- Consult with workers: Retailers must involve employees when developing and updating the plan to ensure workplace safety.
Consequences of Non-Compliance
Failing to implement a Sexual Harassment Prevention Plan can result in penalties of up to $9,678 (60 penalty units). Additionally, businesses that do not properly inform their employees about the plan or fail to review it when necessary could face increased regulatory scrutiny.
Steps for Retail Businesses
To meet these obligations before the March 2025 deadline:
- Review existing policies – Ensure human resource and safety policies align with new legal requirements.
- Train employees and managers – Provide staff with awareness training on identifying and addressing harassment.
- Develop a written Prevention Plan – Clearly document risks, control measures, and response procedures.
- Engage workers in discussions – Gather input from employees to build a more effective plan.
- Maintain compliance records – Keep records of all preventive actions, training sessions, and policy updates.
Broader Implications for Retailers
Although this regulation applies to Queensland, other states may introduce similar laws. Retailers operating across multiple jurisdictions should consider applying these measures across their entire business to ensure compliance and foster a safer workplace culture.
Guidance Material
Currently, WorkSafe QLD has not released a template for the Prevention Plan, but Risk Collective has developed a practical guide to help businesses navigate these requirements. (Disclaimer: This is a general guide and should be tailored to suit individual business needs and legal obligations.)
Download template here.
These resources offer practical guidance for developing a Sexual Harassment Prevention Plan.
- Safe Work Australia – Sexual Harassment Guidance
- WorkSafe QLD – Work Health and Safety (Sexual Harassment) Amendment Regulation 2024
- Australian Human Rights Commission – Respect@Work
Disclaimer
The material within this update is provided for general information and educational purposes in summary form on topics that are current when it is first published. The content does not constitute legal advice or recommendations and should not be relied upon as such.
