A Victorian business has been fined $90,000 for workplace safety breaches after its director’s husband harassed a new employee, highlighting the growing importance of managing psychosocial risks in Australian workplaces.

Court Finds Business Guilty of Safety Failures

In an ex parte hearing at the Sunshine Magistrates Court, Oz 22 Painting Pty Ltd was convicted of breaching section 26 of Victoria’s Occupational Health and Safety Act 2004. The court found the business failed to ensure its workplace was safe by neglecting to implement a policy against inappropriate behaviour, including sexual harassment.

The case revolved around incidents between May and July 2022, during which the director’s husband repeatedly harassed a female worker. The harassment included unsolicited comments about her appearance, physical contact, and an incident where he pressured her to join him in a hotel room under the guise of work-related travel.

The worker recorded several conversations and resigned after the final incident, later reporting the matter to WorkSafe Victoria’s psychosocial operations inspectorate. WorkSafe found the business lacked a sexual harassment policy and failed to meet its legal obligations under workplace safety laws.

Significant Penalties Imposed

The court imposed a $90,000 fine on Oz 22 Painting Pty Ltd, along with $6,792 in costs. The sentencing considered the 61-day duration of the offences, the impact on the worker, and the need for general deterrence.

Legislative Changes on the Horizon

This case comes as the Victorian Government prepares to amend the Occupational Health and Safety Regulations 2017 to explicitly require employers to manage psychosocial risks, including sexual harassment. From December 2025, businesses will need to proactively identify psychosocial hazards, create written prevention plans, and implement control measures.

Leading safety lawyer Andrew Douglas warned that WorkSafe’s psychosocial safety inspectors are likely to increase enforcement under these new regulations. “Employers that fail to comply with the upcoming Compliance Code will likely breach the OHS Act,” he said.

A Wake-Up Call for Employers

This conviction underscores the importance of creating safe workplaces by addressing psychosocial risks. Employers are urged to implement robust policies against harassment and ensure compliance with evolving workplace safety laws.