Protection for employees who SPEAK UP about safety

admin • April 1, 2025

It is illegal to dismiss in employee or to discriminate against an employee if they have raised an OHS issue or concern.

This is covered under Section 76 of The Occupational Health and Safety Act 2004 (The Act).


This means that employees can and should raise concerns about both within and, if necessary, outside their organisation.


What does discrimination mean this context?

Discrimination against a person for raising an OHS issue can include:

  • Dismissal
  • Injury
  • Alteration of an employee’s position, to their detriment
  • Refusal of employment of a prospective employee or less favourable treatment of them

Noting that the discrimination must have arisen due to the raising of an OHS concern as the dominant factor.


The Act says that employees cannot be dismissed from employment or discriminated against if they:

  • Are an HSR or deputy HSR (dHSR)
  • Are a member of a Health and Safe Committee
  • If, as an HSR, dHSR or HSC member, they exercise their powers
  • If they are an employee who has assisted or given information to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member
  • If they are a prospective employee who raises or has raised an issue or concern about health and safety to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member

In short, any employee or prospective employee is protected under this part of The Act.


Further strengthening the law is the fact that the accused bears the onus of proof (Section 77 of the OHS Act). This means that the employer is considered to have broken the law unless they can prove that they did not dismiss or discriminate on the basis of the person raising a health and safety issue - with this being the dominant issue.

If found guilty, the offence carries significant penalties under The Act.


The intent of the legislation is to ensure that employees can SPEAK UP about health and safety issues, without fear of retribution. Remember, The Law states that you can speak up and protects you against discrimination.



For more information on this topic:

Discrimination for OHS reasons - OHS Reps

Discrimination on health and safety grounds | WorkSafe Victoria


If you need help, don’t hesitate to call BeSafe on 0467 002 060 or email us on admin@besafevictoria.com.au

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