OHS Prosecution on Pure Risk

admin • June 17, 2025

The Victorian Occupational Health and Safety Act 2004 is primarily a risk-based law. That is, it requires the prevention of harm.


The objects of the Act require that health and safety be secured and that risks to health and safety be eliminated at the source, with the highest level of protection against risks being provided. The employer is legally required to eliminate (as far as reasonably practicable) any risk to health and safety. It follows that the majority of offences under the Act are indeed risk-based offences.

This means that a prosecution can occur whether or not the risk has resulted in death or injury. It is enough to have simply exposed a person to the risk of harm.

The argument for this is that the OHS Act aims to prevent injury, disease and death at work.


So why do we see many prosecutions occurring after the harm has in fact materialised into an injury or death?

Perhaps it is due to a public expectation that these horrific incidents should result in some punishment of those responsible?

Perhaps it is that the ultimate evidence of the safety failure is now present – providing a compelling argument as to the egregious nature of the risk that was posed by the breach?

Perhaps there is motivation to provide general deterrence as a result of these tragic events?

It is important to note that the death or injury does not form part of the offence in these prosecutions, rather it forms part of the evidence.


But, we do see pure risk prosecutions.

The regulator can and does charge on the basis of risk only, before the safety failure has resulted in harm to anyone. This is the ultimate outcome – to prevent.

Prosecuting on the basis of risk may be for the purpose of primary prevention, or as the ultimate escalation in a hierarchy of sanctions. It may serve as specific deterrence, to effect change in an individual’s or company’s behaviour. General deterrence is often seen as very important – reinforcing to all duty holders that they are required by law to take a pro-active approach to safety.


Here are a few examples of cases of pure-risk prosecutions:

$7.5K FINE IN PURE RISK FALLS CASE - OHS Reps

$25K FINE IN AHWAZ ROOFING PURE RISK CASE - OHS Reps

CONSTRUCTION COMPANY FINED $12K IN ‘PURE RISK’ PROSECUTION - OHS Reps


The following Melbourne Law School presentation also makes for some interesting reading on this topic: CELRL-Seminar-21-May.pdf


Proceeding to prosecution on the basis of risk represents an alignment between prosecution strategies and the principles of the OHS Act. Certainly, it serves as a reminder that duty holders have a legal requirement to provide the highest level of protection and to prevent harm in the workplace.

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.