Failure to supervise is an indictable offence.

admin • January 28, 2025

Section 21 of the Victorian Occupational Health and Safety Act 2004 - Duties of employers to employees dictates that employers must provide ‘supervision to employees as is necessary to enable those persons to perform their work in a way that is safe and without risks to health’.


Failure to do so is an indictable offence.


Who must be supervised?

It is the legal responsibility of the employer to provide supervision in order to ensure workers are following safety instructions and working safely – but who does this include?

The legal obligation to supervise extends to any person to which the employer has a duty to provide a safe workplace. This includes:

-         Direct workers – full time, part time, or casual

-         Labour hire workers

-         Independent contractors

-         Employees of independent contractors


Who can be a supervisor?

In order to effectively supervise workers, the designated supervisor must be competent and trained to carry out this role. Before undertaking a supervisory role, the person should:

-         Be trained in OHS legislation

-         Be trained in workplace policies and procedures

-         Understand all the obligations under OHS laws

-         Understand what the workers’ experience and skills are

-         Understand the tasks being carried out and what safety requirements apply to these tasks

-         Understand the level of training required for workers to safely undertake these tasks

-         Have authority to make decisions and act on OHS issues immediately

-         Be resourced to carry out their OHS supervisor obligations effectively and meaningfully

The supervisor should not only receive training before becoming a supervisor but should also attend regular refresher training.


Do you want to know more about supervision and whether your workplace is meeting its’ legal obligations? Take a look at Safety supervision: Creating an environment for effective supervision | WorkSafe Victoria

 

HSRs rights to training

By admin • January 19, 2026
Under the Victorian Occupational Health and Safety Act 2004 , Health and Safety Representatives (HSRs) are not required to be trained in order to exercise their powers. However, in order to fully understand their role and powers, training is highly beneficial and recommended by WorkSafe. Most HSRs will not understand how to make the most of their role as an HSR without participating in training – and therefore it is not until training has been completed that an HSR can maximise their positive impact upon the safety of their workplace. HSRs rights in relation to training are outlined under Section 67 of the OHS Act. They include: The right to attend initial training after being elected The right to attend a refresher course at least once a year The right to choose their course. This includes their course provider and course* The right for their course to be paid for by their employer, as well as associated costs with attending the course The right to be paid while attending the course *The course must be approved by WorkSafe and delivered by a WorkSafe approved provider, such as BeSafe. The HSR must consult with their employer and give 14 days notice. Section 69 of the OHS Act also discusses further the rights of HSR to training. This covers the right to attend additional training, when WorkSafe has approved them under Section 69 . HSRs have a right to attend these courses on top of the s67 courses. HSRs can be a very useful resource for employers in helping to create safe and healthy workplaces. It is in their best interest to encourage their HSRs to be trained. However, in the case where an employer does not allow the HSR to be trained as per the requirements under The Act, there are penalties which apply to this conduct, as it is a breach of the Legislation. For more information take a look at: Health and safety representative training | WorkSafe Victoria HSRs' Right to Training - OHS Reps Or get in contact with us for assistance: 0467002060 HSR Training and support | BeSafe | Regional Victoria You can book WorkSafe approved courses with us at HSR Training Courses | BeSafe | Regional Victoria

The Granville Train Disaster

By admin • January 12, 2026
The Granville rail disaster occurred on 18 January 1977 and remains the deadliest rail incident in Australian history. It resulted in the death of 84 people and injured a further 213. The train left the Blue Mountains at 6:09 on 18 th January 1977 and by the time it reached Sydney there were at least 469 passengers on board. At 8:10 the train derailed on a curve in a deep cutting at Granville and it hit the supports of the Bold St Bridge. This resulted in the bridge collapsing onto the train carriages and the passengers inside. The result was catastrophic loss of life and vast numbers of injuries, with many passengers and rescuers suffering from ongoing trauma. The train crash would expose inadequacies in the NSW railway maintenance processes, oversight and emergency response preparedness. The inquest and reviews into the incident became controversial in that there were allegations that the process was unduly influenced. Despite this it was clear that there were many opportunities for prevention of future railway disasters. There has been extensive criticism of the management and oversight both before and after the disaster.  There is much that is concerning about this case, including the support of those injured and bereaved in the incident. The failure to act following previous incidents on the track is particularly disturbing. There had been two previous derailments on the same section of track, resulting in trains hitting the Bold St Bridge. One in 1967 and another in 1975. Had the issue been addressed on either of these occasions, perhaps the disaster in 1877 would have been avoided. This highlights the importance of investigating incidents and ‘near misses’ and acting to resolve safety issues at the earliest opportunity. 40 years after the disaster, in 2017, the Premier of NSW delivered a belated official apology on behalf of the Government: Granville: Mixed response as NSW Government apologises for Australia's worst train disaster - ABC News An award winning docu-drama named “The Day Of The Roses” was produced as a dramatic depiction of the events surrounding the Granville train crash. It can be found here: https://youtu.be/ZkFBfQA9oxg?si=g_ePZ0kn0KpFrLLE . Those interested in incident investigation, prevention and related matters may well find it thought-provoking.