One of the most significant changes that has been introduced in the last few years is the new “positive duty” standard of compliance relative to sexual harassment, gender-based behaviour and psychosocial hazards. Current signs suggest that the “penny hasn’t dropped” with lots of organisations about what this really means. Has it dropped with you?

A positive duty means that we have to do things differently

Positive duties have been introduced for 3 reasons:

1. We have real problems in our workplaces with mental health issues associated with psychosocial hazards and harm caused primarily to women by gender-based behaviour such as sexual harassment
2. The existing “risk management” model of compliance commonly used by organisations doesn’t work and, in many cases, not only doesn’t help but aggravates the harm and
3. It is not sustainable in terms of the harm caused to people and the associated costs in lost productivity and escalating health costs.

You see, putting out policies, telling people that they have to follow them and running education sessions on respect at work just isn’t enough.

We have been doing that for decades with issues like bullying and sexual harassment but have they made any real difference where it matters ie in changing behaviour so that they don’t happen in the first place? 

The simple answer to that is “no” as evidenced by the fact that these positive duties have been imposed because we need to do things differently. 

A timely reality check

Former Federal Sex Discrimination Commissioner, Kate Jenkins, conducted the national enquiry into sexual harassment which resulted in the Respect@Work Report,  introduction of the positive duty to prevent sexual harassment, victimisation and gender-based behaviours.

In an article on HR Daily, Ms Jenkins is reported as saying that:

• many workplace managers told the inquiry that they were tackling sexual harassment through a policy, some training and a complaint procedure
• organisational processes were primarily a defence mechanism
• the focus of workplace leaders wasn’t on preventing sexual harassment but preventing complaints
• for those who are trying to make people more comfortable complaining, her message was “if your focus is on asking people to complain about psychosocial hazard concerns, then your focus is not on preventing them”
• Leaders should be asking why harassment is occurring and what can we do to change this
• Of the 7 compliance standards in the Respect@Work Guidelines, leadership is the most important.

What she is essentially saying is that it is about action to change behaviour and that starts with commitment and action from the top. It is about making it real in your workplace culture and not just words in a policy or training session.

Has the penny dropped?

What should you do

Unfortunately, what we are seeing is a “risk management response” from most organisations and HR/WHS Consultants – they are writing new policies, running education sessions and telling people to behave which just perpetuates the problems that the positive duty is intended to address. Clearly, the penny hasn’t dropped.

As with any matter around people and culture, we encourage you to look at these things on 3 levels – organisational, team and individual – and please do that by engaging with your people in determining what the realities for your business and people are and covering off all of the bases. 

Remember it is about your business and your people so don’t just borrow or buy a policy statement from someone else and remember our 4C compliance model because unless you do all 4Cs, you are not truly compliant:

We developed our 4C compliance model 20 years ago and that is how long we have been practising to that standard so it isn’t new for us. We could say that the law has caught up now but the truth is that, while positive duties have brought the flaws in the existing compliance models into sharp focus, we have known that they have been there all along.  

And that is because what we are dealing with is PEOPLE BUSINESS – it is about people and relationships.

We have put together blogs and accompanying explainer videos on each of the 14 psychosocial hazards in the Model code for managing psychosocial hazards at work published by Safe Work Australia. One of those covers sexual harassment. They are designed to give businesses an understanding of the sorts of questions you should be asking in your workplace to identify any issues that you might need to address. You can access them for free on the News Events page on our website and we encourage you to use them to do a preliminary risk assessment.

If you would like to learn more about ways that we help with this or any other HR issue, please call us on 1300 108 488 or email us at enquiries@ridgelinehr.com.au.