OHS Learnings from Judge Peter Rozen

admin • May 6, 2025

Judge Peter Rozen is currently a Judge in the County Court of Victoria where he was appointed in 2022. His name is well known, due to his long history as an expert in Occupational Health and Safety law.  Judge Rozen has been involved in a number of high-profile reviews and inquiries, and he co-authored a textbook on the subject: ‘Health and Safety Law in Victoria’.


Recently, Judge Rozen presided over the case of DPP vs Energy Australia Yallourn Pty Ltd, where he gave his sentencing remarks on 27th March 2025. This case was a pure risk prosecution relating to a fire at the power plant, which resulted in the conviction of Energy Australia for breaching section 21 of the OHS Act.


The County Court broadcast the sentencing remarks on YouTube: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025 in what was a helpful move to make access to his commentary more accessible to those wanting to learn from OHS rulings.


Judge Rozen took the opportunity to explain the way in which employers must engage in risk assessment including the consideration of the likelihood of the event occurring and its’ potential consequence.


He also took the time to explain that employers must provide the highest level of protection against risks to health and safety and that they must be proactive in their duty to provide a safe workplace, as well as to monitor conditions and to engage suitably qualified persons in relation to OHS. Notably, he highlighted the need for meaningful consultation and the fact that employees are entitled to be represented (by and HSR).


Rozen went on to delve into the concept to ‘reasonably practicable’ and described how the ‘more ‘reasonably practicable’ an identified risk control measure was, all else being equal, the more egregious will be the failure to have implemented it’.


Judge Rozen’s closing remarks were a strong reminder to duty holders as to their legislated responsibilities under the Law:

‘It has been stated by the Court of Appeal on more than one occasion that employers are required by the Act to take an active, imaginative and flexible approach to the safety of those who may be affected by their undertakings. An employer must actively identify risks to health and safety and take all steps that are reasonably practicable to obviate those risks. Employers are not allowed under the law to take a passive approach to safety only improving safety procedures after an incident... fines in OHS cases must draw attention to the importance of workplace safety, and send a message to employers that failure to eliminate or mitigate safety risks will attract significant punishment.'


The full transcript is available at: sentencing-remarks-dpp-v-energy-australia-yallourn.pdf

And the video can be viewed at: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025


Any HSR, employer or person interested in OHS would benefit from listening to the comments of Judge Rozen. In particular, his educational comments which I have summarised are found at around the 11.30 mark.

Racing Industry Workplace Fatalities

By admin • July 8, 2025
In recent times we have seen the tragic deaths of workers in the horse racing industry. In May 2025, Fiona Ralph tragically died following a head injury sustained while working at Bendigo Racecourse. Less than 2 months later, on the 3 rd July 2025, we heard news of Peta Tait, a 43-year-old worker who was killed at Cranbourne Racecourse. It is believed that she was kicked in the head by a horse while in the stable. She was attended to by medical personnel, who were unable to save her. Jockey Blake Shinn has reportedly paid tribute, stating that “This is a painful reminder of the dangers that come with working in such a demanding and unpredictable environment.” (7 news) As the jockey highlights the dangers – we turn our minds to the unique hazards presented by the industry, many of which are covered in the WorkSafe Victoria Guidebook – Horse Stable and track riding safety: Horse stables and track riding safety | WorkSafe Victoria . The guide is intended to provide information for those working in the industry and outlines how to identify hazards and implement risk control measures. As in all industries, the employer is responsible for providing a safe workplace, and the usual obligations to consult with the workforce and to control hazards in line with the hierarchy of control all apply. There is a section which specifically covers the safety of stables. Of course, horses are strong and unpredictable, and they pose a specific hazard in this industry - and one which cannot be eliminated as part of this particular workplace. The document discusses the need for training and supervision, which is required in all workplaces. Also, the use of PPE as a control measure, indicating that the use of appropriate footwear, helmets and body protection may be required to ensure the safety of those riding, training, feeding and working with horses and cleaning stables. Working alone can also increase the risks of working around horses. According to SafeWork NSW ‘One worker is hospitalised each day in Australia due to a horse related injury’ . Not all of these are workers; however, it does highlight how dangerous working around horses can be. WorkSafe Victoria reports injury claims attributable to horse racing at: Injury hotspots - Horse racing | WorkSafe Victoria . While the racing community must, of course, grieve the recent loss of two of its’ workers, there will concurrently be a WorkSafe investigation and a Victoria Police investigation for the Coroner. No matter the outcome of these investigations, it is an opportunity to look to industry work practices and identify any improvements which could be made to improve safety in the future. The gravity of such an event cannot be underestimated in its’ impact to family, friends and workmates. One can only hope that an improvement in future safety may be one of those impacts. Our sincere condolences to the families of Fiona and Peta.

The Safety Spotlight on Small Business

By admin • July 1, 2025
The rise of podcasts has made learning and information so accessible and learning about OHS is no different. We came across the WorkSafe Act podcast ‘The Safety Spotlight’ episode on ‘Small Business’. In this podcast, Jacqui Argius, the WorkSafe ACT Commissioner talks about safety in small business . She is joined by Michelle Boundy in a podcast led by Lish Fejer. They discuss a number of matters relating to safety in the small business environment, which are summarised below. Small businesses are required to be compliant with safety legislation, no matter how small they are. It is often the case that small businesses have less OHS expertise. Sometimes they may think that a serious incident ‘won’t happen here’. They may not have a good understanding of what their legal obligations are. Sometimes there may be a ‘fear factor’ about their lack of understanding of how to meet their legal obligations. They may think that they are too small to need proper systems. But – just because they are small, this doesn’t mean that they don’t need to meet the same requirements as the larger businesses when it comes to safety, and this includes both physical and psychosocial safety. Small businesses must also have WorkCover insurance. Like in all businesses, consultation is key. ‘Talking to your workers’ is so important to ensuring a safe workplace. This includes ensuring that young workers and those from culturally and linguistically diverse backgrounds can understand. Guidance material regarding how to communicate safety information is available. The importance of training is also covered. Small businesses must have an induction process and ongoing training for their workers. Employees must also be trained in how to report hazards. The application of risk management systems and the hierarchy of controls is the same in small business as in any workplace, as is the concept of ‘ reasonably practicable ’. The commissioner highlights that the cost of implementing a control will not be considered to be important if a matter goes to court. The employer must eliminate or implement controls to all risks to health and safety. The podcasters acknowledge that there are a myriad of pressures on small businesses – but highlight that this does not reduce their obligations in relation to safety. Nor does it exempt the business from enforcement by the regulator: ‘we will be regulating them the same as anyone else’. Overall, the podcast highlights the need for small business owners to be pro-active and build a safety-first culture. To listen to the WorkSafe ACT Small Business Podcast, check out: Ep. 2 - Small Business There are many resources available to small business to ensure that they are providing and safe and healthy workplace. In Victoria these include: Getting some help from WorkSafe through the OHS Essentials program, which is free to small business and a great place to start. Accessing health and safety checklists as a way to begin a self-assessment. Reading about your obligations and legal requirements. Take a look at the WorkSafe website to access these resources here: Small business | WorkSafe Victoria