Legal Responsibilities – Respect In Hospitality

Legal Responsibilities for Hospitality Employers: Creating a Safe and Respectful Workplace

Key Messages for Hospitality Employers

Prevent both physical and psychological harm: As an employer, you are legally required to ensure a safe environment that includes the prevention of sexual harassment.
Proactive measures are required: Implement clear policies, training, and reporting processes to reduce the risk of harassment.
Accountability matters: You may be held liable for harassment that occurs, whether from staff, customers, or third parties

Your Legal Responsibilities under NSW WHS Laws

In the hospitality industry, you must provide a safe, respectful environment for your staff. This includes preventing physical and psychological harm, such as workplace sexual harassment. NSW’s Work Health and Safety (WHS) Act 2011 places a positive duty on employers to take proactive steps to prevent risks to health and safety.

Duty to Manage Risks

You are required to take all reasonable steps to eliminate or minimize risks, which includes preventing harassment. This goes beyond simply responding to incidents; you must actively create a culture where inappropriate behavior is not tolerated.

Physical and Psychological Harm: Your responsibility isn’t limited to preventing physical harm; you also need to address psychological hazards, including harassment and bullying, which can severely impact the well-being of your staff.

Preventing Sexual Harassment as a Psychosocial Hazard

Sexual harassment is classified as a psychosocial hazard under WHS laws. This means you must address and manage sexual harassment risks just like any other workplace hazard.

Practical steps to meet your legal obligations include:

Conducting regular risk assessments to identify any areas where harassment could occur.
Developing a clear sexual harassment policy that is shared with all employees.
Providing ongoing training for your staff to ensure they understand what constitutes harassment and how to report it.
Offering a supportive, safe channel for employees to report harassment confidentially.

The Positive Duty to Prevent Harassment

In addition to your WHS obligations, the Sex Discrimination Act 1984 places a positive duty on employers to actively prevent sexual harassment in the workplace. This means you cannot wait until a problem arises—you must take meaningful, proactive steps to prevent harassment.

As of December 2023, the Australian Human Rights Commission (AHRC) will have the authority to enforce compliance with this positive duty. This adds another layer of responsibility for businesses to meet their legal obligations regarding harassment prevention.

Your Role as an Employer

As an employer in the hospitality industry, you have a duty of care to your workers. This extends not only to employees but also to contractors, visitors, and customers who enter your workplace. You must ensure that your workplace is free from any kind of inappropriate behavior.

Clear Communication

Set clear behavioral expectations for both staff and customers. Everyone who interacts with your business should understand that harassment won’t be tolerated.

Training

Provide regular training for managers and staff on how to identify, prevent, and address harassment. Equip your leadership team with the tools they need to handle complaints effectively and with sensitivity.

Reporting Systems

Implement a clear, confidential reporting system that allows employees to report harassment without fear of retaliation. Ensure all staff know where and how to report concerns.

Liability and Legal Consequences

If sexual harassment occurs in your workplace, you could be held legally responsible for the actions of your workers, clients, or third parties. Non-compliance with NSW and federal laws can result in:

Fines and penalties from regulatory bodies such as SafeWork NSW and the AHRC.
Compensation claims from affected employees.
Damage to your business reputation, which can lead to higher employee turnover and loss of customer trust.

How Hospitality Industry Insurance Can Support You

Hospitality Industry Insurance (HII) provides free advice and support to help businesses maintain compliance with WHS laws. As a hospitality employer, you can request:

Free advisory visits: You can schedule a visit from HII to help assess and improve your workplace safety.
Free eLearning: HII offers eLearning for business owners and staff to promote a safer, harassment-free workplace. These modules cover essential topics like sexual harassment prevention, reporting processes, and maintaining a respectful environment. Available free of charge to HII policyholders, this training helps you meet your legal obligations while fostering a positive workplace culture. Employees can access these courses anytime, providing flexibility and ensuring that everyone remains up-to-date on their responsibilities.

For more information contact Hospitality Industry Insurance (URL)

Resources for Hospitality Employers

Work Health and Safety Act 2011 (NSW)
Sex Discrimination Act 1984 (Federal)
SafeWork NSW: Provides advice and support to ensure compliance with WHS laws.
Australian Human Rights Commission: Enforces the positive duty to prevent harassment under federal law.

By understanding and fulfilling your legal responsibilities, you create a safer, more respectful workplace that protects your employees and your business.