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

 

WorkSafe HSR of The Year!

By admin • March 3, 2026
The Annual WorkSafe Awards Night was held last week at the Plaza Ballroom in Melbourne. BeSafe was there and, of course, the highlight of the night was the presentation of the Award for Health and Safety Representative of The Year! This category acknowledges Health and Safety Representatives (HSRs) who have represented their designated work group (DWG) in an outstanding manner. There were four finalists this year and all of them showed how effective representation by HSRs is vital to safe workplaces. Anna Musgrave – Ambulance Victoria Anna is an ALS paramedic from Maffra who worked on a really challenging workplace hazard: fatigue. She advocated for the health and safety of her DWG, ultimately creating a fatigue monitoring self-assessment tool and changing the culture around fatigue and fatigue management. See more about Anna here: https://youtu.be/7tXtrXnVfME?si=BdtOF4t-ZP61otfx Ben Lennon – Crown Melbourne Ben is a table games dealer at Crown Casino, a delegate and HSR. He has been able to ensure all workers’ DWGs are represented, help workers to understand their rights and to feel safe to report. By helping spa treatment workers with their safety issues, he was able to facilitate a resolution. He has focused on effective consultation through building trust and working together. See more about Ben here: https://youtu.be/iVCcWq1mjKw?si=7qz2VfKfv_RLiF9L Bess Taitoko and Owen Glassenbury – Northern Health Two amazing HSRs who worked together to address serious Occupational Violence and Aggression issues in the Broadmeadows Inpatient Psychiatric Unit. The working environment involved the balancing of patient safety and wellbeing and that of the staff. These HSRs worked within a complex environment to ensure the safety of the work group which they represent, including creating a flow chart to assess and address risks proactively. See more about Bess and Owen here: https://youtu.be/wySo4Q0Vuxw?si=r7HuyV11XQOuHa5u Manny Mason – City of Ballarat - The 2025 HSR of the year award winner! Manny works in the Arboriculture Unit at the City of Ballarat and has been an HSR for over 15 years. He has dealt with many issues over the years. He has provided support and advocacy in bullying and sexual harassment cases, through to addressing physical hazards in fountain maintenance. He highlighted the importance of communication, advocacy and supporting co-workers while holding the employer to account in ensuring the safety of the workplace.  See more about Manny here: https://youtu.be/EQwPxiu43FA?si=qtKYItVTAxt7rgnf Congratulations to these Safety Reps and a big shout out to all the HSR’s out there who are doing great work every single day as the safety superheroes in their workplace!

Coronial Findings on workplace deaths – an opportunity to learn

By admin • February 16, 2026
Coroners Court findings are an opportunity to learn – especially when it comes to a workplace death. The role of the Coroners Court is to: “investigate reportable deaths, reduce preventable deaths promote public health and safety and the administration of justice” About us | Coroners Court of Victoria The Coroners’ Court deals with certain reportable deaths and this includes “When someone dies from an accident or injury, even if there is a prolonged interval between the incident and death.” – including workplace deaths. These deaths must be reported to the coroner for investigation. All of these reportable deaths are allocated to a Coroner who then investigates the death and then will consider whether anything could be done differently to help prevent similar deaths in the future. Inquests are not held for every death, in fact less than 5% of deaths will be the subject of an inquest. The rest of the cases will have findings made ‘in chambers’. The Coroner may or may not make ‘recommendations’ to prevent future similar deaths. The Coroner may or may not then order for the findings to be published. Those cases which are published can be found at: Findings | Coroners Court of Victoria The findings into any death are always sobering reading. But in the case of work-related deaths there is almost always a preventative opportunity – even when no specific recommendations are made. For this reason, it is important that these findings are made publicly available for those who wish to review them and learn (– assuming that the worker’s family has approved the publication of the report). The Coroners Court says that they aim to ‘identify how similar deaths may be prevented’. If that is to truly be the case, then they need to be published and we must seek to read them and learn from these tragic deaths. Perhaps the greatest tragedy of all would be if we do not learn from these horrific deaths in the workplace? We pay our respects to those who have lost their lives at work and acknowledge the pain and suffering of those left behind. Everyone has the right to come home from work alive and well at the end of the day.