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

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

Welding Fumes

By admin • June 15, 2026
Welding fumes are hazardous, and employers must control the risk of harm. Various types of welding are used in the workplace, with varying levels of welding fume production. The amount and type of fumes produced during welding will vary based on various factors including: the metals being welded, the welding process used, the composition of the welding rod/wire, the shielding gases used and any contaminants or coating on the metal, etc. There are a number of health effects which may occur due to exposure to welding fumes. These include both short-term and long-term affects Short term: eye irritation, respiratory irritation, metal fume fever (zinc oxide). Long term: siderosis (iron accumulation in the body), lung and kidney cancer, nervous system disorders, asthma, pneumonia. The likelihood of developing damaging health effects from welding will depend on the type of welding being used (and therefore the type of fumes produced), the duration and frequency of exposure, the worker’s proximity to the fumes, the ventilation of the welding area, and any controls which were utilised during the exposure. Welding fumes are a hazardous substance and must be controlled according to the hierarchy of controls. Controls may include: Eliminating the need for welding if possible, for example by using different fastening methods or prefabricated components. Substituting the welding method, for example by using a method which generates less fumes, or using automation methods. Engineering controls including mechanical ventilation such as on-torch extraction or local exhaust ventilation. PPE should be provided by the workplace and includes the use of air fed ventilators. The use of respirators such as Powered Air Purifying Respirators can be used but only in addition to a higher-order control, or if higher-order controls are not possible. Other types of respirators are available but less effective. Several different controls may need to be used and as with any controls, training must be provided on their implementation. Atmospheric monitoring may also be required to monitor exposure levels in the workplace and health monitoring must also be carried out in accordance with the OHS Regulations 2017 Part 4.1 - Hazardous Substances.  Consultation with the workforce, including any elected health and safety representatives, must take place in accordance with requirements under the Occupational Health and Safety Act 2004. For more information on welding fumes, take a look at the following links: https://youtu.be/0tvrOw18Vr0?si=oK_v3vkbGebCzuMf Controlling exposure to welding fumes | WorkSafe Victoria Compliance code: Hazardous substances | WorkSafe Victoria - Welding fumes | Safe Work Australia