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

Working from home

By admin • April 21, 2025
Working from home has become very common. Sometimes we can be permanently working from home, temporarily or as part of a hybrid arrangement. Even though we are not physically in our usually workplace, our home has now become our workplace and so this means that OHS Laws still apply, and all the legislated duty holders still have the same duties under The Act. The employer still has duties, including to ensure a safe workplace, mitigate OHS risks and to consult with their employees. The employee has a duty to take reasonable care for their own safety and to co-operate with safety measure put in place by their employer. The risk management process should still take place, even though you are working in your home environment, and we must seek to identify hazards as a starting point. Common hazards which you may find when you assess your own home work environment could include: Poor lighting Noise Poor temperature control Electrical hazards Psychosocial hazards (eg: job demands, poor role clarity, lack of support, online abuse, bullying, etc) Fatigue Domestic violence Trip and slip hazards Poor ergonomics The individual worker is particularly important in the hazard identification and risk management process in the work from home context. This is because they are often the only person who will be aware of the risks associated with their individual home environment. For more information on this topic, take a look at: https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/working-home https://www.worksafe.vic.gov.au/officewise-working-home

Hazard Hunts: A tool for creating safer workplaces.

By admin • April 15, 2025
Hazard Hunts can be a great tool to use in workplace safety programs. They're a proactive strategy to identify and mitigate potential risks before incidents or injuries occur. But what exactly is a Hazard Hunt, and why is it so valuable? Hazard Hunts are regular, structured inspections aimed at identifying and eliminating potential risks in the workplace. Advantages: · Prevent Harm: proactively identification of potential hazards before they caused harm. Hazard hunts can prompt us to focus on specific risks that may have been overlooked. · Engagement of Employees: Talk to employees in the area. They often have valuable insights into hazards that may take time to be evident to outsiders. · Empowers Individuals: Creates an opportunity for individual employees to make a tangible difference to the safety of their workplace. This can really empower the individual and turn their mind to safety. · Collect information: Hazard hunts can prompt us to focus on specific risks that may have been overlooked · Increases awareness: The engagement of the workforce in this way can turn the mind to hazard identification in a way which can sharpens our ability to identify potential dangers and enhances our overall safety. · Positive influences safety culture: The involvement of the whole workforce, from management to the shop-floor, can foster an environment where safety becomes a shared responsibility. It can encourage a culture of vigilance and care. What next? It is integral that there is thorough follow-up after a hazard hunt takes place. This means utilising the risk matrix and hierarchy of control to prioritise the hazards which are dealt with first. Then you must move forward with mitigating the risk of the hazards coming to fruition. As always, this process must take place with meaningful consultation. If you don’t do this, then the benefits of the Hazard Hunt will be lost. The effort put into the hazard identification exercise must be matched by the dedication of the employer to make meaningful safety improvements. The Role of HSR’s: The people who are doing the work are the best placed to identify hazards in their work. They are also often the best people to come up with successful OHS solutions. HSR’s can encourage the use of hazard hunts and encourage their co-workers to actively participate. As always, HSR’s act as a conduit between the workers and the employer – working to improve safety in their role as employee representatives.