Under Australian work health and safety (WHS) laws, employers must provide a safe work environment so far as is reasonably practicable. This obligation is imposed by every state and territory’s WHS legislation and requires businesses to protect employees from all foreseeable hazards. Importantly, it isn’t limited to internal workplace issues – it also covers threats from outside the organisation. Employers need to consider dangers posed by customers, clients, members of the public, or even an employee’s former partner.
One prominent hazard in this category is occupational violence and aggression (OVA) – meaning any incident where someone is abused, harassed, threatened or assaulted at work or while working. These incidents often involve third-party perpetrators, from agitated customers or patients to intruders on-site. Family and domestic violence can also spill into the workplace (for example, an aggressive ex-partner coming to an employee’s work). OVA can cause physical injury as well as serious psychological trauma, and work health and safety regulators have clearly identified it as a significant psychosocial risk that must be managed like any other workplace hazard.
WHS laws require employers to be proactive in identifying, assessing, and controlling OVA risks. Essentially, businesses should anticipate how external parties might harm staff and act to prevent or reduce those risks before an incident occurs. Below are some practical steps to help meet these obligations:
Policy and Awareness:
Craft a clear workplace violence and aggression policy, as part of your WHS policy suite. Make it known that any abuse or threats toward employees (including from customers or other third parties) will not be tolerated. Ensure staff know to report all incidents of external aggression and that they’ll have management’s full support if something happens.
Risk Assessment:
Conduct regular risk assessments focusing on interactions with non-workers. Identify higher-risk situations, such as employees working alone at night, handling money or medication, or providing services to potentially volatile individuals. Consult with workers about past incidents or near misses to pinpoint vulnerable scenarios.
Training:
Provide training so employees know how to handle and de-escalate aggressive encounters. Skills like conflict de-escalation and personal safety techniques help front-line staff manage tense situations more safely. Also train managers to respond promptly and seriously to any reports of threats or harassment from third parties.
Security Measures:
Implement suitable security measures to deter or mitigate violence. Depending on the risk, this may include secure entrances and reception areas, good lighting, surveillance cameras, alarm systems, and physical barriers (like screens or counters). For higher-risk roles, consider providing personal duress alarms and, if necessary, security personnel or buddy systems so workers aren’t left in vulnerable situations.
Reporting & Response:
Set up robust reporting channels and incident response plans. Make it easy for employees to report any violence or threats by external people and respond quickly to every report. This could involve investigating the incident, involving police if needed, and updating your safety measures to prevent similar incidents. Support any staff who are affected (for example, offer confidential counselling or time off) and review each incident to learn and improve your future controls.
A recent legal case highlighted why such measures matter. In Eklom v Marshall [2026] FedCFamC2G 772, a warehouse manager was subjected to ongoing sexual and homophobic harassment by a contractor and a customer. The worker suffered psychological harm, and the Federal Circuit and Family Court ultimately awarded roughly $90,000 in compensation and imposed additional penalties on the harassers. While the case was not against the employer, it shows that serious harm to employees can be caused by people outside the business, and it underscores employers’ obligations to protect workers from third-party risks. Workplace laws (in this instance, sexual harassment provisions) can even hold non-employees accountable when their behaviour is connected to someone’s work.
The bigger lesson for employers is that if you fail to take reasonably practicable steps to guard against recognised external risks, you could be exposing your workers – and your business – to significant harm and legal consequences.
Takeaway for employers
Takeaway for employers: Violence and aggression from clients, customers or other outsiders is a genuine workplace hazard. Employers who proactively address these risks through clear policies, training, security measures, and effective incident response can meet their legal obligations and, most importantly, keep their employees safe. Taking these steps isn’t just about compliance; it also protects your people and supports a healthier, more secure workplace for everyone.
If you’ve got any burning questions about this subject or you’re not sure how they’ll impact your business, reach out to our team by email hello@flawlesshr.com.au
