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.

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