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.

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.

Snakes in the workplace

By admin • December 15, 2025
Snakes are a natural part of the Australian environment, but when they enter worksites, they can pose significant risks. Snakes are most commonly encountered in industries such as construction and agriculture, but snakes can appear in any workplace – including in offices, warehouses, outdoor work areas, or storage spaces. Warm weather increases snake activity, making encounters more likely during summer months. The danger presented by snakes is very real, as snakebites can cause serious injury or death. Common Risk Factors There are certain workplace conditions which increase the likelihood of snakes appearing: Vacant sites : Snakes often move into quiet areas during holiday breaks or weekends. Shelter opportunities : Stored materials, rubble, sheds, and equipment provide dark, cool hiding spots. Food sources : Mice, frogs, and other small animals attract snakes to worksites. Hot weather : Snakes become bolder and more active in summer. Prevention Strategies As always, employers are required to reduce risks to health and safety in the workplace. They can do this by adopting proactive measures: Site housekeeping : Remove rubbish, debris, and unused materials where snakes could hide. Control food sources : Limit rodent and frog populations by managing waste and water. Protective gear : Wear gloves, boots and long pants when working outside or handling stored materials. Awareness training : Inform workers about snake risks, especially after site closures or during hot weather. First Aid training: ensure staff are trained in the initial response in the case of a bite. If a snake is seen in the workplace One of the most important safety messages is never provoke a snake. Most bites occur when people attempt to attack or handle snakes. If a snake is sighted: Stop work in the area immediately. Report the sighting to supervisors. Contact local authorities or licensed snake catchers to remove the hazard. First Aid for Snake Bites Your workplace should have a trained First Aider. The initial first aid for a bite should include: Lie the person down and keep them still. Applying a broad, firm bandage around the bitten limb, about as tightly as for a sprained ankle. Bandage over the bite site first and then bandage as much of the limb as possible, starting from below upwards. Keep the victim still and calm and splint the limb if possible. Do not cut, wash, or apply a tourniquet to the bite. Access immediate medical care - dial 000. Don’t forget that you will need to complete an incident report after a snake bite has occurred. Then, your risk management follow up processes should be followed. A snake bite may be classified as a notifiable incident, in which case it must be reported to WorkSafe Victoria – call 13 23 60 . Conclusion Snakes are a real workplace hazard , especially in construction, agriculture, and outdoor industries. If your workplace is high risk for snakes then you are required to control the risk of snake bite. Prevention and awareness are the best defence: keep sites clean, reduce food sources, and train workers. Never provoke a snake —leave removal to professionals. First aid knowledge can save lives in the event of a bite. By treating snakes as a legitimate occupational hazard, workplaces can protect their workers from a potentially fatal hazard. For more information, see the following resources: Snakes at work: why you should never handle one yourself | WorkSafe.qld.gov.au Snakes on sites - OHS Reps Notifiable incidents under the Occupational Health and Safety Act 2004 | WorkSafe Victoria https://stjohn.org.au/app/uploads/2025/08/Fact-sheets_snake-bite.pdf