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 Refresher Training Matters

By admin • May 18, 2026
At BeSafe Victoria, we love seeing how much our Health and Safety Representatives (HSRs) get out of returning for Refresher Training. There is no doubt in our minds that HSR Refresher Training is really valuable, and we absolutely love seeing old and new participants come in to share their experiences too. There have been significant changes to legislation and OHS requirements and most recently the introduction of the Psychological Health Regulations. We now deliver the brand new WorkSafe Approved Refresher Course focusing on Psychosocial Hazards and have seen how beneficial this new course is to HSRs, who take their new-found knowledge back to their workplaces. HSRs play a vital role in protecting the wellbeing of their colleagues. They are the bridge between workers and management, ensuring that safety concerns are heard, understood, and acted upon. While completing the Initial HSR Training is a great start, refresher training is just as important and in fact, it’s an entitlement under the Occupational Health and Safety Act 2004 for all HSRs and deputy HSRs. 1. Keeping Knowledge Current Workplace safety laws, industry standards, and best practices evolve over time. Annual refresher training ensures HSRs stay up to date with: Changes to OHS legislation in Victoria New hazard control methods and technologies Updated WorkSafe guidance and compliance expectations This means HSRs can confidently apply the most current safety strategies in their workplace. 2. Strengthening Confidence and Skills Even the most experienced HSR can benefit from revisiting core principles. Refresher courses: Reinforce understanding of the role of HSRs Provide practical tools for effective consultation and issue resolution Build confidence in raising and addressing safety concerns 3. Creating Space for Real-World Problem Solving Refresher training offers a collaborative environment where HSRs can: Share experiences and challenges with peers from other workplaces Learn from real-life case studies Explore solutions to complex safety issues This peer-to-peer learning often sparks new ideas that can be applied immediately back on the job. 4. Strengthening Workplace Safety Culture When HSRs are well-trained and confident, they inspire others to take safety seriously. Regular refreshers: Demonstrate a commitment to continuous improvement Encourage open conversations about hazards Help embed safety as a shared responsibility across the workplace Your Right to Attend In Victoria, HSRs are entitled to attend a one-day refresher training each year, and employers must allow this. Choosing a WorkSafe-approved provider ensures the training meets standards and delivers practical, relevant content. Employers who encourage attendance know that HSR refresher training isn’t just a box to tick, it’s an investment in safer, healthier workplaces. By keeping skills sharp and knowledge current, HSRs can continue to be strong advocates for their colleagues and champions of workplace safety. They can play a key role in helping the employer to ensure the workplace is safe and to be compliant with consultation obligations under the OHS Act. At BeSafe, we can deliver training throughout Victoria. We have listed courses on our website, but these are only the tip of the iceberg! We can book in courses on demand in any location and we can even come and deliver a course on-site at your workplace. Don't forget we also offer free support after your course too!  Get in touch with us: 0407002060 info@besafevictoria.com.au

International Workers Memorial Day

By admin • May 5, 2026
On 28 April 2026 , BeSafe joined those gathered at Argyle Square, Carlton , to mark International Workers’ Memorial Day (IWMD) in Melbourne. The ceremony honoured those who have lost their lives due to workplace injury or illness and renewed a shared commitment to safer, healthier workplaces. The service began with speeches made by The Secretary of Victorian Trades Hall Council (VTHC) Luke Hilikari, Premier Jacinta Allen, WorkSafe CEO Cathy Henderson and Lived Experience Advocate Lana Cormie. Assistant Secretary of VTHC Wil Stracke was the MC for the occasion and the Trade Union Choir sang throughout. The most moving part of the service was, as always, the boot laying ceremony. This year, 60 pairs of boots were laid to represent the workers lost in the past 12 months. Finally, a rose was laid to represent those who are not counted - in recognition that the numbers are vastly underestimated and many workplace deaths are not recorded in the official statistics. The vision of 60 pairs of boots sitting upon stools in the park is profoundly tragic and deeply moving. A minutes silence marked the moment. This was followed by attendees laying wreaths to honour the fallen workers. The speeches included messages of regret and sorrow, but also a call to action – as we can only truly honour the dead if we take action to ensure the safety of the workers of the future.  “ Honour the dead, and fight like hell for the living .” At BeSafe, we are passionate about workers’ safety and we will continue to do anything we can to improve the safety of all Victorian workplaces. For more on this: Strong union message at workers’ memorial — Independent Education Union Victoria Tasmania STRONG MESSAGE TO COMMEMORATE FALLEN WORKERS ON IWMD - OHS Reps