Gendered violence: Notification of sexual harassment and ...

1 Government of Western Australia Department of Mines, Industry Regulation and Safety INFORMATION SHEET. Gendered violence: Notification of sexual harassment and/or assault to Mines Safety Reporting of incidents of psychosocial hazard exposure and the occurrence of psychological injuries (including Gendered violence) are covered by Section 76 and Section 79 of the Mines Safety and Inspection Act 1994 (MSIA). Section 76 stipulates that Notification of serious injuries must occur immediately, while Section 79 requires that incidents which had the potential to cause serious harm must be reported as soon as practicable.

2 Gendered violence is any behaviour, including sexual harassment and sexual assault, that is directed at any person, or that affects a person, because of their sex, gender or sexual orientation, or because they do not adhere to socially prescribed gender roles, that creates a risk to health and safety. Gendered violence is considered a workplace psychosocial hazard due to the risk of harm to psychological and physical sexual harassment includes any unwelcome or inappropriate behaviour of a sexual nature, where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.

3 sexual assault can be any sexual behaviour or act which is threatening, violent, forced, coercive or exploitative and to which a person has not given consent or was not able to give consent. Section 79 notifications In determining whether a potentially serious occurrence is reportable under section 79 of the MSIA, the Registered Manager shall appoint competent persons as required by section 44 of the MSIA to assist. Factors to consider in determining potential seriousness include: Could the occurrence result in the person being unable to conduct the duties they were performing immediately prior to the incident or require a modification of work arrangements?

4 Has there been any lost time related to the incident, even if an injury was not diagnosed when that lost time occurred? 1. Safe Work Australia, Preventing Workplace sexual harassment Guide (2021). Gendered violence: Notification of sexual harassment and/or assault to Mines Safety INFORMATION SHEET | 1. Has a registered medical practitioner formed the opinion that the exposure to the psychosocial hazard could lead to an injury? In the absence of a medical assessment, has a competent person formed the opinion that exposure to the psychosocial hazard could lead to an injury?

5 Was the report in relation to a sexual assault? Section 79 notifications should be made as soon as practicable after the incident is reported. Notification to Mines Safety should not be delayed pending the outcomes of an investigation to substantiate an allegation of Gendered violence. Section 76 notifications If exposure to a psychosocial hazard leads to a physical or psychological injury that results in any lost time or modified work arrangements, such as being transferred to a different work crew, this must be reported in accordance with the requirements of section 76 of the MSIA.

6 If the injury is likely to prevent the person from conducting the duties they were performing immediately prior to the injury for more than two weeks then it must be reported immediately. If the injury requires no modification to work arrangements, then it must be reported by the end of the month. Psychological injuries must still be reported irrespective of whether the injury is a result of a single or from repeated instances of Gendered violence. Examples of psychological injuries that may result from Gendered violence include: anxiety disorders depression trauma and stress related disorders, including: post-traumatic stress disorder acute stress disorder adjustment disorders alcohol and substance use disorders other psychological conditions.

7 Any physical injuries resulting from Gendered violence must also be reported. The diagram on the next page provides an overview of these reporting requirements. Gendered violence: Notification of sexual harassment and/or assault to Mines Safety INFORMATION SHEET | 2. Hazard reported Exposure to Gendered violence: sexual assault (including indecent assault). sexual harassment Injury Occcurrence Including: Potential to cause serious injury or harm to psychological or physical Anxiety disorders health Depression Stress and trauma related disorders Substance use disorders Other psychological disorders Physical injuries resulting from assault Unable to perform normal duties For two weeks For less than or more two weeks s.

8 76 Report s. 76 Report at s. 79 Report as soon as practicable immediately end of month Personnel with responsibility for statutory reporting should clearly understand these requirements, with internal processes for reporting and investigation of psychosocial hazard exposures established to support accurate and timely reporting. It is noted that reports of psychosocial hazards and psychological injuries made by workers at mine sites must be investigated and practicable controls must be in place, whether or not the report meets the threshold for Notification to Mines Safety.

9 Other considerations Where investigations are undertaken by other agencies in relation to Gendered violence, including the involvement of the Western Australian Police in relation to criminal matters, the reporting requirements of the MSIA must still be complied with. To protect the confidentiality of victims of sexual harassment and assault, however, initial notifications of potentially serious occurrences related to psychosocial hazard exposures should be limited in detail, referencing a psychosocial hazard exposure', rather than providing details of the incident or allegations.

10 Initial notifications should omit identifying details of involved persons. Gendered violence: Notification of sexual harassment and/or assault to Mines Safety INFORMATION SHEET | 3. Where further information is required to support Mines Safety investigations into reports of Gendered violence these will be obtained directly by the Mines Safety personnel responsible for investigating the incident or injury Notification . Details (including names) of involved persons can be redacted from the information provided to Mines Safety to maintain the confidentiality of all involved persons.