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.

By admin July 15, 2026
If you’ve spent any time on a Victorian farm, you know the quad bike is as common as the gum tree. It’s the workhorse that gets you from the dairy shed to the back paddock in minutes. But while ATVs save time and effort, they also carry serious risks, especially when safety takes a back seat. Studies have found that rollover and crush protection on quad bikes is saving lives, particularly in Victoria, where farm fatalities have been steadily declining. Yet, despite these improvements, quad bike incidents remain one of the leading causes of death and injury on Australian farms. Quad bikes (also called ATVs) are incredibly useful for mustering livestock, carrying supplies, and navigating rough terrain. But their stability can be deceptive, with uneven ground, high speeds, or heavy loads easily leading to rollovers. In Victoria, WorkSafe data shows that most fatal incidents involve the bike overturning and trapping the rider. Since October 2021, the national quad bike safety standard has required: Operator Protection Devices (OPDs) to reduce crush injuries in rollovers. Minimum stability requirements for new models. Warning labels about rollover risks. Victoria has been ahead of the curve, with strong farm safety campaigns and subsidies to help farmers retrofit OPDs. Practical Safety Tips for Victorian Farmers Always Wear a Helmet . Even at low speeds, head injuries can be fatal. Fit a Crush Protection Device . These can prevent you from being pinned under the bike. Match the Bike to the Job . Don’t overload or tow beyond the manufacturer’s limits. Ride to the Conditions . Slow down on slopes, wet ground, or unfamiliar tracks. Never Carry Passengers . Unless the ATV is specifically designed for more than one rider. Training Matters . Enrol in an accredited ATV safety course to sharpen your skills and make sure all operators have adequate training to operate the vehicle. Don’t forget that the employer has a duty to provide information, instruction and training to ensure that employees can work safely. Review the terrain before undertaking the task . Some areas of the farm may need to be strictly off-limits for ATV use. Look at alternative options . Some farmers are switching to side-by-side vehicles (SSVs), whic h offer seatbelts and roll cages. While not risk-free, they can be safer for certain tasks, provided operators still follow safety protocols. ATVs are here to stay on Victorian farms, but so is the responsibility to use them safely. With the right equipment, training, and by keeping safety front-of-mind you can make sure your quad bike remains a tool, not a threat. If you’re a Victorian farmer, check your quad bike today. Is it fitted with a crush protection device? Are you wearing a helmet every ride? Safety isn’t just about compliance, it’s about coming home at the end of the day.  For more information, take a look at: New study finds safety protection on quad bikes is driving down farm deaths - ABC News How the new national quad bike safety standard affects farmers in Victoria | WorkSafe Victoria
By admin June 29, 2026
Today is the anniversary of the banning of Engineered Stone. On the 1 st July 2024, Engineered Stone was banned due to the high levels of silica it contained, which presented a health and safety risk to those working with it. The banning of engineered stone is a huge win for the safety and health of workers, but it does not mean that workers are safe from silica related disease. Workers can still be exposed to silica from other sources, including: Stone Asphalt Cement, mortar and grout Concrete, concrete blocks and cement products Bricks and pavers Tiles Sand These and related products still present a risk and this comes in the form of respirable crystalline silica. Small particles of silica can be produced when dust is produces through cutting, sanding or processing the materials. This can occur during manufacturing and construction, when mining or digging, and when handling waste. The silica dust can be breathed deep into the lungs and can cause serious disease., including silicosis, fibrosis, COPD, bronchitis and lung cancer. In addition, it can cause other systemic diseases including serious effects on the kidneys, immune system, eyes, etc. Employers must control the risk of exposure and workers should be aware of the risks so that they can make sure that they are safe. BeSafe is still horrified to occasionally see dry cutting by workers who may not be aware of the serious risks of this practice. Just remember, that just because engineered stone has been banned, it doesn’t mean you are safe from silica related disease. Make sure you know how to protect yourself and stay safe from this serious and deadly hazard. More information: For the general information page with resources relating to crystalline silica, take a look at: Crystalline silica | WorkSafe Victoria For information relating to how employers must identify hazards, assess risk, control the risk and review and revise controls regularly, take a look at: Preparing a crystalline silica hazard control statement for high-risk crystalline silica work | WorkSafe Victoria For a practical guide on how to safely work with engineered stone, including exemptions, take a look at Compliance code: Engineered stone | WorkSafe Victoria