Written by Julie McLoughlin

Racism in the Workplace: OHS Responsibilities for Victorian Small Business

This was a great new tool to beat discrimination in the workplace

Removes Hate Fast

Are you tired of discrimination at work? Do you feel helpless and find yourself asking – “What can I do?” Well there’s now a solution.

“New Anti-Hate Spray puts the power of hate removal in your hands. Specifically formulated to combat racism, homophobia and any other discrimination, Anti-Hate Spray will leave your community clean and hate free.”

Discrimination - anti-hate spray
Discrimination – anti-hate spray

I thought this was a great initiative – but it is well gone now!

The “spray can” campaign was essentially an early, highly visual awareness initiative — more marketing-driven — whereas current approaches are:

  • more policy-driven
  • more legally enforceable
  • more community-funded and targeted

Are You Managing Racism as a Workplace Safety Risk?

Many small businesses still view racism as a HR or conduct issue — something to deal with only when a complaint is made.

However, under Victorian law, that approach is no longer enough.

With the release of the Victorian Government Anti-Racism Strategy 2024–2029, expectations on employers have shifted. Preventing racism is now clearly linked to your Occupational Health and Safety (OHS) duties, particularly in managing psychosocial hazards.

Racism is a Psychosocial Hazard

Under guidance from WorkSafe Victoria, workplace hazards are not just physical — they also include psychological risks.

Racism in the workplace can lead to:

  • Stress and anxiety
  • Psychological injury
  • Reduced morale and productivity
  • Increased absenteeism and turnover

This places racism in the same category as:

  • Bullying
  • Harassment
  • Occupational violence

👉 Which means it must be identified, assessed, and controlled like any other workplace hazard.

Your Legal Obligations in Victoria

Victorian employers have duties under both OHS and anti-discrimination laws.

OHS Duties

You must:

  • Provide a workplace that is safe and without risks to health
  • Identify and control psychosocial hazards
  • Take proactive steps to prevent harm

Anti-Discrimination Duties

Under the Equal Opportunity Act 2010 (Victoria), you must:

  • Prevent discrimination and harassment
  • Respond appropriately to complaints
  • Take reasonable steps to stop unlawful behaviour

What Has Changed for Small Business?

The biggest shift is this:

❌ Old approach:

  • Wait for a complaint
  • Deal with the issue

✅ New expectation:

  • Prevent the behaviour before it occurs
  • Build a respectful workplace culture
  • Train staff and managers proactively

This aligns with national guidance from Safe Work Australia on managing psychosocial risks.

What This Means for Your Workplace

1. You Need to Treat Racism Like Any Other Risk

Ask yourself:

  • Have we identified racism as a workplace hazard?
  • Do we have controls in place to prevent it?
  • Are workers trained in acceptable behaviours?

2. Training is a Key Control Measure

Workplace training is one of the most effective ways to:

  • Set clear behavioural expectations
  • Prevent inappropriate conduct
  • Reduce risk of complaints and claims

Effective training should include:

  • What racism looks like (including subtle behaviours)
  • Acceptable workplace behaviour standards
  • How to respond to inappropriate behaviour
  • How to report concerns safely

3. Inductions Must Cover Behaviour

Your safety induction should clearly communicate:

  • Zero tolerance for racism
  • Expected standards of behaviour
  • Reporting processes
  • Consequences of misconduct

4. Supervisors Must Be Equipped

Managers and supervisors need additional skills to:

  • Respond to issues early
  • Manage complaints appropriately
  • Support affected workers
  • Maintain procedural fairness

Practical Steps for Small Business

Minimum Requirements

  • Acceptable Behaviour Policy
  • Complaint / grievance procedure
  • Workplace training (documented)
  • Induction covering respectful behaviour

Better Practice

  • Psychosocial hazard risk assessment
  • Regular refresher training
  • Leadership communication and reinforcement
  • Anonymous reporting options

The Risks of Doing Nothing

Failing to manage racism as a workplace hazard can lead to:

  • Breaches of OHS legislation
  • Discrimination claims
  • Workers compensation for psychological injury
  • Reputational damage

How We Can Help

At OHS & HR Management Systems Pty Ltd, we support small businesses to:

  • Meet their OHS compliance obligations in Victoria
  • Manage psychosocial hazards, including racism
  • Deliver practical, engaging workplace training  Further information here
  • Build safer, more respectful workplaces

Need Support?

If you’re unsure whether your business is meeting its obligations, now is the time to act.

👉 Contact us today to discuss your workplace training and compliance needs.

3 thoughts on “Racism in the Workplace: OHS Responsibilities for Victorian Small Business”

  1. What a great idea. A anti hte spray. If only life was so simple.I got involved in the oh&s field to help prevent people asking others to do silly things in the construction industry primarily because of a perceived weakness spotted by foremen/ managers.
    I believe the only relief from that sort of behaviour is education and the law.In Victoria we have the workplace bullying codes, there seems to be a distinct lack of prosecutions brought about since these laws were laid down. Are they telling us that all’s wel in the workplace regards Bullying and discrimination?
    As I said earlier if only life was that simple lol

    Reply

  2. I see your point, but I think prevention based on education and awareness is where we need to aim. I think tools like this are great to use as part of that process – It is not by any means aimed at being the solution, just a tool to help us move towards a more preventative culture.

    Reply

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