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.

ATVs on Farms

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

Engineered Stone - Anniversary of The Ban

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