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.

Small Business and Managing Psychosocial Hazards

By admin • September 7, 2026
When we think of workplace safety, we usually picture high-vis vests and machinery guards. But, we can’t forget that employers have the exact same legal obligation to protect workers from psychological harm as they do from physical injuries. For small-to-medium businesses, managing "psychosocial hazards" can feel overwhelming, especially because these risks may seem “invisible”. Things like chronic stress, bullying, or burnout can also seem more tricky to control than your slips, trips and falls. Here is a quick guide to understanding your duties and protecting your team. What is a Psychosocial Hazard? A psychosocial hazard is anything in the design or management of work that increases the risk of psychological harm. Common examples include: Unrealistic workloads, constant tight deadlines, or a lack of role clarity. Bullying, harassment, or a lack of support from supervisors. High-stress customer interactions or dealing with traumatic situations. Left unmanaged, psychosocial hazards lead to high staff turnover, absenteeism, and long-term psychological injury claims. Meeting Your Legal Duties: The 4-Step Process Victorian Safety Legislation require employers to eliminate or reduce psychosocial risks so far as is reasonably practicable usi ng a four-step Risk Management process: Identify Hazards: Look for warning signs like spikes in sick leave. Cruciall y, consult with your staff and Health and Safety Representatives (HSRs) t o find out where the stress points are. Assess Risks: Evaluate how likely these are to cause harm, as well as how severe and frequent these stressors are. Control Risks: Fix the job, not the person. You must change your systems of work to reduce the risk. For example by changing workflows, clarifying job descriptions, balancing workloads, and build a culture where staff can safely speak up. Review Controls: Regularly check back with your team and HSRs to ensure your changes are working. There are WorkSafe Victoria developed tools to help you with each step of the process and we can teach you how to use them... How BeSafe Victoria Can Help We understand that it can be hard to know where to start. You don't have to figure this out alone. At BeSafe Victoria , we specialise in providing the knowledge and skills to manage safety challenges. We run courses for HSRs, but we often have employers and managers attend so that they can understand how to apply the risk management process to psychosocial hazards. We will introduce you to a step-by-step process and provide the resources you need to make sure your workplace is safe. Contact BeSafe Victoria to find out more: HSR Training and support | BeSafe | Regional Victoria

NEW HSR Refresher OHS Training Course - Aggression or Violence

By admin • August 10, 2026
BeSafe Victoria is pleased to announce the upcoming delivery of a new Health and Safety Representative (HSR) Refresher OHS Training Course focused on Aggression and Violence in the workplace . This is a brand new WorkSafe developed training course, which equips HSRs with practical knowledge and skills to address one of the most significant psychosocial hazards facing Victorian workplaces today. Workplace aggression and violence can occur in any industry and the impacts can be both physical and psychological, not only affecting the person directly involved but also those who witness or are exposed to these incidents. Impacts also extend beyond the workplace to affect family and community. The new course explores aggression and violence through a risk management lens, building skills in hazard identification, assessing risks, finding effective controls and in contributing to effective workplace consultation. The training aligns with the growing emphasis on managing psychosocial hazards and reflects contemporary workplace health and safety expectations, including the management of aggression and violence as a workplace risk. The knowledge gained is important in ensuring that legal obligations, including those relating to the Psychological Health Regulations, are met and that workplaces are safe. As always, BeSafe Victoria is committed to providing engaging, practical and relevant training. This new refresher course offers an excellent opportunity for participants to strengthen their knowledge, build confidence in addressing workplace risks and return to their workplaces with practical strategies for supporting safer work environments. Bookings for this new HSR Refresher OHS Training Course on Aggression and Violence will be available soon. To register your interest, go to HSR Training and support | BeSafe | Regional Victoria or email us at info@besafevictoria.com.au  We look forward to helping you create safer, healthier and more respectful workplaces across Victoria.