Duties in the Workplace

Employers are required to:

• as far as is reasonably practicable, ensure the health, safety, and welfare of their workers
• as far as is reasonably practicable, ensure that workers, volunteers, and independent contractors are not exposed to harassment or violence in the workplace
• as far as is reasonably practicable, ensure that the activities of workers do not negatively affect the health, safety, or welfare of other workers, the employer or self-employed people in the workplace
• have and follow a written Harassment Prevention Policy
• ensure that an investigation is conducted into any incidents of workplace harassment
• prevent an alleged harasser, or others, from taking action against a worker because the worker made a harassment complaint
• not take any action against a worker because the worker made a harassment complaint

What is reasonably practicable depends on the costs and benefits of the action. The cost is looked at in terms of time, trouble and money. If the cost outweighs the benefit by a considerable amount, the employer may not need to take the action. If an incident could have serious consequences, more costly steps need to be taken to prevent it.

Anyone can harass a worker, not just their co-workers or employers. This includes customers, clients and contractors. It can be difficult for employers to control the behaviour of third parties. However, employers are required to take reasonable steps to prevent their workers from being harassed. This is the case regardless of who is responsible for the harassment.

Steps an employer can take include posting an anti-harassment policy where third parties can see it. They can also authorize workers to refuse service and to ask the harasser to leave the workplace.

Supervisors are required to:

• as far as is reasonably practicable, ensure the health and safety of workers under their direct supervision and direction
• ensure that workers under their supervision comply with health and safety standards
• as far as is reasonably practicable, ensure that workers, volunteers and independent contractors under their direct supervision and direction are not exposed to harassment or violence in the workplace

Workers must:

• take reasonable care to protect their own health and safety
• take reasonable care to protect the health and safety of other workers who could be affected by their actions
• comply with health and safety standards
• refrain from causing or participating in the harassment of another worker, volunteer or independent contractor
• refrain from causing or participating in any violent act towards another worker, volunteer or independent contractor