Work-Related Violence: Are You Truly Protecting Your Staff Effectively?

7 years ago

Work-Related Violence Prevention in Australian Workplaces

Work-related violence is a serious issue that employers must address to ensure the health and safety of their staff. Understanding the hierarchy of legislation and codes of practice can make it easier to comply with Australian workplace safety laws and minimise risks. This guide explains how Acts, regulations, case law, codes of practice, and standards work together to create a safer work environment.

This guide delves into what work-related violence entails, the legislative framework surrounding it, and practical steps businesses can take to create a safer work environment.

What Is Work-Related Violence?

Work-related violence refers to any situation where an employee is abused, threatened, or assaulted in the course of their work. It can include physical attacks, verbal threats, or aggressive behaviour that creates a risk to health and safety.

Examples of work-related violence include:

Verbal abuse or offensive language directed at employees.
Threats of harm, whether explicit or implied.
Physical assaults.
Sexual harassment.
Bullying or intimidating behaviour.

Work-related violence can occur across various industries and roles, from healthcare and retail to transportation and hospitality. Employers must ensure they have robust measures in place to address and prevent such incidents.

Understanding the Legal Framework for Work-Related Violence

Addressing work-related violence requires a clear understanding of how different legal elements interact. The hierarchy of legislation includes Acts, regulations, case law, codes of practice, and standards. These elements work together to form the foundation for workplace safety compliance.

1. Act of Parliament

Acts are laws passed by the Australian Parliament, providing the highest level of legal authority. They outline general duties and responsibilities for workplace safety.

For example, the Work Health and Safety Act 2011 sets out obligations for employers to ensure the health and safety of workers by eliminating or minimizing risks, including those related to work-related violence. [1]

2. Regulation, Rules or Codes

Are commonly known as “subsidiary legislation” and require publishing in the Government Gazette to become legal. These are the guidelines that dictate how the provisions of the Act are applied. They may also contain pro forma official forms that are required under the Act. Regulations and schedules to Acts can only be amended by a notice published in the Government Gazette. [2]

In short, a regulation provides additional guidance on the application of an act of parliament.

3. Case law

Over hundreds of years, judges have been deciding cases. Their decisions have developed a body of legal principles known as ‘common law’ or ‘case law’ that is declared by judges.

When a case comes before a court, the parties to the action present the evidence they need to support their case. The judge listens to the evidence, decides what evidence is relevant and what facts have been proved, decides what law is relevant, and applies that law to the facts in making a decision which is binding on the parties. Case law provides commentary on the decision of the courts and their interpretation. [3]

4. Codes of practice

A code of practice (COPs) is a set of guidelines for fair practice developed for a specific industry or occupation. COPs may be voluntary or statutory.[4]

Codes of practice may be used in court proceedings to provide guide decisions and interpretation.

In the example of work health and safety, courts may regard a code of practice as evidence of what is known about a hazard, risk or control, and rely on it to determine what is ‘reasonably practicable’ in the circumstances to which the code relates.

It is recognised that equivalent or better ways of achieving the required work health and safety outcomes may be possible.

For that reason, compliance with codes of practice is not mandatory providing that any other method used provides an equivalent or higher standard of work health and safety than suggested by the code of practice.[5]

Codes of practice give more detailed advice about how employers can meet the requirements of the regulations. COPs do not replace the laws, but codes of practice can be issued to help make understanding of what you must do a little easier.

Codes of practice are not legislation, but they give practical guidance on ways to comply with the Acts and regulations.

Health and safety representatives and Work Safe field officers (inspectors) can use the codes to suggest ways of remedying health and safety risks in the workplace.

They can also use the codes as evidence when Acts or regulations have not been complied with.

Codes of practice can also provide a performance measurement for people in the workplace to follow. Some example codes of practice include:

Codes of Practice for First Aid in the Workplace
Codes of Practice for Manual Handling
Codes of Practice for Noise
Codes of Practice for Provision of Occupational Health and Safety Information in Languages Other than English
Cash in Transit Code of Practice

5. Standards

Standards are voluntary documents that set out specifications, procedures and guidelines that aim to ensure products, services, and systems are safe, consistent, and reliable.

They cover a variety of subjects, including consumer products and services, the environment, construction, energy and water utilities, and more.

To ensure they keep pace with new technologies, standards are regularly reviewed by Standards Australia technical committees.

There are three categories of standards:

International Standards

These are developed by ISO, IEC, and ITU for countries to adopt for national use. Standards Australia embraces the development and adoption of international standards.

Examples of International Standards are:

ISO 9001:2015 – Quality Management Systems
ISO 14001:2015 – Environmental Management System

Regional Standards

These are prepared by a specific region, such as the European Union’s EN standards, or joint Australian/New Zealand standards.

Examples of Australian Standard include:

AS /NZS 4801:2001 Occupational health and safety management systems— Specification with guidance for use
AS/NZS 3760:2010: In-service safety inspection and testing of electrical equipment

National Standards

These are developed either by a national standards body (like Standards Australia) or other accredited bodies. Any standards developed under the Australian Standard® name have been created in Australia or are adoptions of international or other standards.

Examples of Australian Standard include:

AS 3745: 2010 Planning for Emergencies in Facilities
AS 1428, Design for access and mobility

Standards and the Law

On their own, standards are voluntary. There is no requirement for the public to comply with standards. However, State and Commonwealth governments often refer to Australian Standards® (AS) or joint Australian/New Zealand Standards (AS/NZS) in their legislation.

When this happens, these standards can become mandatory.[6]

Practical Steps to Address Work-Related Violence

Employers can take the following actions to mitigate risks and ensure compliance with workplace safety laws:

1. Conduct a Risk Assessment

Identify situations where employees may face work-related violence. Assess the likelihood and potential impact of each risk to prioritize preventive measures.

2. Develop and Implement Policies

Create clear policies outlining zero tolerance for violence. Ensure employees understand their rights and responsibilities, as well as the procedures for reporting incidents.

3. Provide Training and Support

Equip employees with skills to handle aggressive behaviour, de-escalate conflicts, and report incidents effectively. Regular training sessions can increase awareness and preparedness.

4. Use Physical and Technological Safeguards

Install security measures such as cameras, barriers, and duress alarms in high-risk areas. Implement access control systems to prevent unauthorized entry.

5. Foster a Supportive Workplace Culture

Encourage open communication and provide support for employees who experience or witness work-related violence. This includes offering access to counseling services and promptly addressing concerns.

Why Addressing Work-Related Violence Matters

Work-related violence has far-reaching consequences for employees, employers, and the broader community:

Employee Well-Being: Exposure to violence can lead to physical injuries, psychological trauma, and reduced job satisfaction.
Business Impact: Incidents of violence can result in high turnover, absenteeism, and decreased productivity.
Legal and Financial Risks: Employers may face penalties, compensation claims, and reputational damage if they fail to address work-related violence effectively.

By understanding the hierarchy of workplace safety legislation and implementing proactive measures, employers can create a safer, more supportive environment for their staff.

Conclusion

Work-related violence is a complex challenge that requires a proactive and comprehensive approach.

Employers must navigate the legal framework, implement effective policies, and foster a workplace culture that prioritizes safety and respect.

By taking these steps, businesses not only comply with Australian workplace laws but also contribute to a healthier, more productive workforce.

Investing in the safety and well-being of employees is not just a legal obligation—it is a moral and strategic imperative that benefits everyone involved.

Take action today to ensure your workplace is safe, supportive, and ready to address the challenges of work-related violence.