Practical Challenges To Accessing Information and How to Overcome Them

admin • November 22, 2024

While the entitlement to information is clear and a legal requirement, there are often challenges that HSRs face in exercising this right:


1. Information Overload:

  With vast amounts of safety-related data available in larger organizations, HSRs may feel overwhelmed by the volume of information they need to digest. To address this, organizations should provide: clear, organized, and accessible safety reports rather than overwhelming HSRs with excessive detail.


2. Resistance from Employers:

  Sometimes, employers may be hesitant to provide information due to concerns about confidentiality or legal liability. However, under the OHS Act, there are clear guidelines on the types of information that must be disclosed. HSRs should be well-informed about their rights and, if necessary, seek support from regulatory bodies or unions.


3. Access to Real-Time Data

  In fast-paced workplaces, it can be challenging for HSRs to stay updated with real-time health and safety data. Regular meetings or briefings between management and HSRs can ensure that everyone is on the same page when it comes to ongoing risks or emerging hazards.


Conclusion

An HSR’s entitlement to information is a cornerstone of workplace health and safety. It empowers representatives to make informed decisions, foster a culture of safety, and protect workers from potential harm. Employers, for their part, have a legal and ethical responsibility to ensure that HSRs have timely, accurate, and relevant data at their disposal. When information flows freely between management and HSRs, it creates a safer, more collaborative work environment where everyone benefits.


For HSRs, understanding the full extent of their right to information—and how to use it effectively—can make all the difference in maintaining a safe workplace. It's not just about compliance; it's about preventing accidents, promoting well-being, and building a culture of safety that benefits everyone in the workplace.

If you require additional assistance or information on accessing information please contact BeSafe.

Education: The Key to Workplace Safety

By admin • June 24, 2025
At BeSafe Victoria, we live, eat and breathe safety education. Why? Because we believe it is the key to workplace safety. We see and hear the on-the-ground OHS stories from our participants on a daily basis, both during training and while providing follow-up support. It is remarkable to see the transformation that occurs during a training course, as participants grow their safety knowledge and become empowered to influence their own safety and that of their workplace. In regional Victoria, it is not uncommon for OHS Literacy to be very low. This is not in all workplaces, but certainly our experience shows that many workers have received very little or no training in OHS. By gaining an understanding of OHS, we can empower individuals to keep themselves safe. This includes in understanding their rights, recognising hazards, mitigating risks and knowing when to say no to unsafe work. Training an individual also means that they can bring this new knowledge to their workplace, leading to positive improvements in safety outcomes for their colleagues. Safety training has broader implications too – it can inspire conversations with family and friends, creating a ‘ripple effect’ of improved safety awareness in the community. We often see participants who deeply care about safety and have put their hand up to become a Health and Safety Representative (HSR) in their workplace. These participants come in with the drive and walk out with the tools and the passion they need to make a really tangible difference in their workplace. We know of many stories of trained HSR’s who go on to transform the safety of their workplaces. Whether we are duty holders, supervisors, HSR’s, or employees – we all have a role to play in the safety of our workplace – and with the right knowledge, we can make a positive contribution.  What truly underpins a safe work environment? The answer lies in education .

OHS Prosecution on Pure Risk

By 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.