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.

Why Veterinary Teams Need Psychological Safety Training

By admin • June 9, 2026
The veterinary profession can be one of the most rewarding careers, but it’s also one of the most emotionally and mentally demanding. Behind the compassion, skill, and dedication lies a reality many outside the industry don’t see: long hours, emotionally charged cases, financial pressures, and the emotional toll of euthanasia and client grief. With Victoria’s new psychological health regulations now in effect (as of December 2025), workplaces must manage psychological risks with the same seriousness as physical hazards. For veterinary practices, this is not just a compliance requirement, it’s a lifeline for the wellbeing of their teams. The Hidden Pressures in Veterinary Work Veterinary professionals may face a multitude of psychosocial hazards, including: Exposure to traumatic events Aggression and violence High job demands and time pressure Low job control Remote or isolated work Poor workplace relationships and minimal support Moral and ethical dilemmas are also a feature of the work as well as the exposure to grief and loss. Thinking of Veterinarians as first responders can help to understand the types of psychosocial hazards which they face. These factors can lead to burnout, compassion fatigue, anxiety, depression, and tragically, higher-than-average suicide rates in the profession. Suicide rates are up to four times higher than the general population, making the industry’s psychological hazards the most common fatal risk in the veterinary workplace. Why BeSafe Victoria’s Training Matters BeSafe Victoria’s psychosocial safety training is a new course designed to help participant’s: Understand the Psychological Health Compliance Code Identify psychosocial hazards Follow a risk management process for psychosocial hazards Implement practical controls Ensure consultation is compliant and effective At BeSafe Victoria, we deliver training designed by WorkSafe for Health and Safety Representatives. However, it is also an excellent course for leaders and teams to ensure the psychological safety of their workplace. In turn, this helps us all to work towards improved psychological outcomes for Veterinarians and the industry more broadly. The Benefits for Veterinary Practices Investing in psychological safety training can: Ensure compliance with the OHS legislation Improve staff retention and team morale Improve the psychological health of veterinary teams Enhance team consultation, collaboration and trust Reduce rates of psychological harm Contact us to find out more about our courses and how we can help you. This may include providing advice on designated work groups, electing HSRs, or delivering training. Please reach out on 0467 002 060 or info@besafevictoria.com.au

NEW Changes to PINs

By admin • June 1, 2026
Maintaining a safe workplace is a legal and moral obligation. One of the most powerful tools available to workers, specifically Health and Safety Representatives (HSRs), is the Provisional Improvement Notice (PIN) . Used correctly, PINs can quickly resolve safety issues and ensure compliance with the Occupational Health and Safety Act 2004 (Vic) . There have been recent changes made to the PIN notice and we recommend that HSRs now use the new version. Summary of NEW Changes: Part 5 has been modified to include tick boxes for each of OHS Act, OHS regulations or the Psychological Health Regulations to be selected by the HSR Part 6 has been modified to include whether the safety issue is a contravention relating to a physical or psychological hazard What is a PIN? A Provisional Improvement Notice (PIN) is a formal written notice issued by an HSR to address a workplace health and safety issue. It is used when consultation with the employer has failed to resolve a problem. *In Victoria, an HSR can issue a PIN whether or not they have completed an HSR training course. This is different to other jurisdictions. Under Victorian law, an HSR can issue a PIN if they believe, on reasonable grounds, that: A provision of the OHS Act or regulations is being breached, or A breach has occurred and is likely to continue or happen again The purpose of a PIN is simple: To require action to fix a safety problem and prevent harm to workers. It is a legal document which the employer must respond to. Who Can Issue a PIN? Health and Safety Representative (HSR)’s can issue a PIN. *Don’t forget that Victorian HSRs can issue a PIN even if they haven’t yet had the opportunity to get into a 5 Day Initial OHS Training Course. (Although obviously HSRs are best to complete their training as soon as possible so that they can fully understand the OHS Act and their role.) An HSR must: Represent a designated work group (DWG) Have reasonable grounds to believe a breach exists Consult with the employer first before issuing the notice When Should a PIN Be Used? A PIN should be used as a last resort, after attempts to resolve the issue through consultation have failed. An HSR can choose to issue a PIN notice if the duty holder is contravening any provision of the OHS Act or any of the Regulations, or if the duty holder is believed to have been in contravention and it is likely that the contravention will continue or be repeated. But, they must have first consulted with the duty holder. Remember that for immediate or serious risks , a PIN may not be appropriate. In those cases, an HSR can direct work to cease under the Act. How to Issue a PIN 1. Identify the Issue Clearly identify the hazard or breach of the OHS Act or Regulations. 2. Consult with the Employer Before issuing a PIN, the HSR must consult with the employer or the person responsible and give them a chance to fix the problem. Where such consultations are ineffective, the employer refuses to consult and / or the HSR believes that the safety issue will continue, then the HSR may issue a PIN. 3. Complete the PIN It is not compulsory to use the WorkSafe Victoria PIN form, but it does make life easier. You can find it here: Provisional-improvement-notice-form-2026-05.pdf A valid PIN must include: Section 1 – fill out the details of the elected HSR under the OHS act (or the elected deputy HSR if the HSR is unavailable) Section 2 – fill out the details of the duty holder. Most commonly, this will be your employer. Section 3 – tick that you have consulted with your employer or their representative prior to issuing the PIN. It is a good idea to keep a written record of the consultation or attempted consultation. Section 4 – fill out the details of the person (employer representative) to whom you are giving the PIN. Section 5 – fill out which sections of The Act or The Regulations are believed to have been contravened. You can only include one health and safety issue on a PIN notice. If there are more than one, you will need to issue a separate PIN notice for each issue. Tick the box to make clear if the contravention relates to the OHS Act, the OHS Regulations or the Psychological Regulations. Section 6 – provide detail of the contravention. Include the site location ie: the actual area of the workplace where you believe the contravention to be occurring. State whether the PIN relates to a physical or psychological hazard. Section 7 – optional – you may fill out suggestions as to how the safety issue can be fixed if you wish, but this is not required. Section 8 – sign and date the form. Provide a compliance date that is AT LEAST 8 days after the PIN issue date. Make sure the timeframe is reasonable. 4. Issue the Notice The PIN must be delivered to the person you state in Section 4. It can be delivered in person, by post or other formal delivery methods. Don't forget to keep a copy of the PIN for your own records. What Happens After a PIN Is Issued? Once a PIN is issued, the recipient has legal obligations. They must: Bring the notice to the attention of their employer (if the person is an employee). Bring the notice to the attention of persons whose work is affected by the notice, including informing affected workers. Display the PIN in a prominent place in the workplace. Fix the issue by the specified compliance date. Failure to comply is an offence under the OHS Act , and penalties may apply. Can the duty holder dispute the PIN? If the employer (or recipient) disagrees with the PIN, they can contact WorkSafe Victoria and request an inspector review within 7 days of receiving the PIN. If no review is requested within 7 days, the PIN remains legally enforceable. What does an HSR do if the employer does not comply? If the employer has not complied with the PIN within the specified timeframe or if the employer’s intention is not to comply, then the HSR can call WorkSafe Advisory Service and arrange for an inspector to visit the workplace. The inspector can then: Confirm the PIN Modify it Cancel it Support and Advice If you need support and advice on how to issue a PIN, you can contact: WorkSafe Advisory 1800136089 WorkSafe HSR Support Officers HSRSO@worksafe.vic.gov.au Your Union BeSafe Victoria info@besafevictoria.com.au PINs are an important mechanism for preventing injuries and saving lives . They are a powerful and practical tool in Victoria’s workplace safety system. For HSRs, understanding when and how to use a PIN is essential. For employers, knowing how to respond to PINs promptly and effectively is vital. If you need training to understand more, contact us: info@besafevictoria.com.au 0467002060