Residential care provider fined $300,000 over workplace violence risks
08 Apr 2024•BlueSafe Team•Source: SafeWork NSW
Marist Youth Care Limited has been convicted and fined $300,000 for breaching its work health and safety obligations by exposing workers to violence risks, including inappropriate sexual behaviour.
The District Court of NSW imposed the conviction and fine on 11 March 2024 following a prosecution brought by SafeWork NSW.
The case concerned Marist Youth Care Limited’s failure to address risks arising from clients’ inappropriate sexual and violent behaviour and history of assault. Those failures exposed workers to a risk of serious illness or injury.
SafeWork NSW identified workplace violence, including sexual harassment, as a work health and safety hazard affecting workers across all industries. It directed employers to Respect at Work for further advice and resources on preventing workplace sexual harassment.
Head of SafeWork NSW Trent Curtin described the conviction as significant and a warning to NSW employers that workplace violence and sexual harassment are unacceptable.
“Under NSW WHS laws, employers are required to address WHS risks and should take proactive, preventative action in their workplaces to ensure workers are protected from harm, including from violence and sexual harassment.”
Mr Curtin said SafeWork NSW had established a dedicated Respect at Work Taskforce, making it the first Australian WHS regulator to do so. He said the taskforce would support NSW employers to take systemic action to address sexual harassment.
How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to WHS duties and identify areas for further attention, including psychosocial hazards such as workplace violence and sexual harassment. Take the free WHS self-check