Vanguard Risk – Risk Management Consultants

Managing Occupational Violence and Aggression – Legal Requirements and Practical Strategies for Employers 

Tim Wood
By Tim Wood

In Australia, managing occupational violence and aggression (OVA) is both a legal obligation and a critical component of workplace safety. Depending on the state, employers are subject to specific state-based legislation, such as Victoria’s Occupational Health and Safety Act 2004 (OHS Act), alongside the federal Work Health and Safety Act 2011 (WHS Act)…

In Australia, managing occupational violence and aggression (OVA) is both a legal obligation and a critical component of workplace safety. Depending on the state, employers are subject to specific state-based legislation, such as Victoria’s Occupational Health and Safety Act 2004 (OHS Act), alongside the federal Work Health and Safety Act 2011 (WHS Act). These Acts mandate that employers provide and maintain a safe working environment addressing both physical and psychological hazards.

Understanding the Legal Framework: “Reasonably Practicable” Measures 

Under the OHS Act, employers must ensure a safe work environment “so far as reasonably practicable.” This phrase, central to employer duties, raises important questions: What is “reasonably practicable”? How can employers balance safety with practicality?  

The WHS Act clarifies this by emphasising that actions taken must be reasonably able to mitigate risks, considering factors such as: 

  • The likelihood of the hazard occurring. 
  • The degree of harm that might result. 
  • What is known about the hazard and how to control it. 
  • The availability and suitability of risk control measures. 

Employers are expected to do more than tick compliance boxes. The law requires meaningful efforts to manage risks, supported by thorough consultation with employees about the hazards they face daily. 

Societal Trends Impacting OVA 

Occupational violence and aggression often mirror broader societal behavior patterns. Increased tolerance for aggression and violence in public spaces, growing youth crime, and the influence of gang culture have contributed to heightened risks across industries. Whether in healthcare, retail, or education, frontline workers frequently face aggression that spills over from societal pressures. 

Employers should use a system known as the Hierarchy of Controls. This assists to prioritise possible interventions from eliminating hazards as the most effective measure, to reducing risks through engineering controls, administrative practices, and finally, personal protective equipment (PPE), being the least effective on its own. 

Examples of Control Measures: 

  1. Elimination: Redesigning roles to remove the risk of exposure to aggressive individuals. 
  1. Engineering Controls: Installing protective barriers at reception desks. 
  1. Administrative Controls: Implementing clear reporting protocols and training on de-escalation. 
  1. PPE: Using personal duress alarms or protective clothing. 

The ESP Model: A Holistic Approach to OVA 

An effective strategy for conceptualising and having conversations about OVA is the ESP model developed by the WorkSafe Victoria and Monash University, which assists by segmenting our focus into three key areas: 

  1. Environment: Assessing the physical workspace for risk factors. Example: Installing secure entry systems or removing articles that could be used as a weapon. 
  1. Situations: Identifying specific scenarios where violence may occur. Example: Customer disputes in retail. 
  1. People: Evaluating both the behavior of others and the self-awareness of staff. Example: Training employees on de-escalation and maintaining a calm demeanor. 

 This method can be used at all levels of the organisations to have conversations about OVA. 

Practical Tips for Employers and Workers 

  1. Standardise procedures: Ensure staff consistently use personal duress alarms and place essential items, like keys, in the same spot – create a routine 
  1. Consult regularly: Engage employees in identifying emerging risks and effective solutions. 
  1. Tailor training: Provide specialised training for high-risk roles, such as healthcare workers managing volatile patients. 

Beyond Compliance 

Ultimately, managing OVA is about more than legal compliance. Employers and employees must actively work together to create a safe work environment, so far as reasonably practicable – evident by genuine effort. This will likely be assessed against a “reasonable person test”- would a “reasonable person” conclude they have done as much as they sensibly can to control and mitigate safety risks in the workplace, or are they simply ticking boxes? 

By adopting comprehensive risk management strategies, consulting with employees, and leveraging models like ESP, employers can create safer workplaces and effectively manage the growing challenge of occupational violence and aggression. 

Need support managing OVA risks in your workplace? 

At Vanguard Risk, we partner with organisations to go beyond compliance and create safer, more resilient workplaces and communities. From risk assessments to frontline OVA training and strategic implementation, we help you safeguard your people with confidence. 

Get in touch to find out how Vanguard Risk can support your team in managing occupational violence and aggression effectively. 

 

Share this

Book a free consultation

We offer clients new to Vanguard Risk a complimentary 1-hour consultation.

It's a chance for you to ask any questions and for us to learn more about your business.

These consultations are strictly confidential and hold no-obligation.

Please submit this form and we'll contact you to schedule an appointment.

Related resources

See all

Managing Occupational Violence and Aggression – Legal Requirements and Practical Strategies for Employers 

The document entitled Managing Occupational Violence and Aggression – Legal Requirements and Practical Strategies for Employers outlines the legal obligations and practical approaches that employers need to adopt to address issues related to occupational violence and aggression in the workplace. It provides comprehensive guidance on implementing policies and procedures to ensure a safe working environment […]

Enhancing Retail Security During the Holiday Season: Comprehensive Strategies for Safety and Preparedness 

As the holiday season approaches, retail environments become bustling hubs of activity. However, the festive rush also brings increased risks such as occupational violence, aggression, and theft. Drawing from nearly 25 years of experience in security management and law enforcement, Founder and Managing Director, Tim Wood, offers essential strategies to enhance safety and security across retail settings during the holiday season.  

Managing Risk in Retail: What we’ve learned about Enhancing Safety and Security in Australia’s Crowded Shopping Centres in 2024 

Shopping centres have long been integral to Australian life, serving as bustling hubs for shopping, dining, and socialising. However, recent violent incidents and the increasing abuse directed at workers have made 2024 another critical year for reassessing safety, security, and risk management strategies—particularly in crowded places like shopping centres.   

We acknowledge the Traditional Owners of Country where we work throughout Australia and recognise their continuing connection to lands, waters and communities. We pay our respect to Aboriginal and Torres Strait Islander cultures, and to Elders both past and present.