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

List of Victoria's Biggest OHS Offenders

By admin • July 14, 2025
An updated list has been published of The ‘BIGGEST BIGGEST OFFENDERS’ in OHS Crimes . This list names and shames the companies which have been deemed worthy of the largest fines handed down by judges for offences under the Victorian Occupational Health and Safety Act 2004 . It makes an interesting, albeit sobering, read. The list (see below) has been compiled and published by the OHSIntros BLOG and has recently been updated with offenders from the last 2 years. In the last 35 years, according to OHSIntros ’ records, there have been 31 cases which have incurred a fine over $500,000. These companies have been collectively responsible for the deaths of 23 workers and a number of other serious incidents. 21 of these incidents involved plant, thus representing the majority of the cases. The incidents are all horrific, with many involving crushing, entrapment and falls – leading to violent deaths and horrendous injuries. The top fine was a penalty of $3 million, as a result of LH Holdings Management Pty Ltd being charged under Workplace Manslaughter Legislation and fined in 2024. A number of high-profile cases can be seen on this list. However, there are many well known cases which are not featured here, due to the fact that their sentences did not hit the $500K threshold. This perhaps raises concerns relating to The Sentencing of OHS Offences in Victoria . The list is a sobering one, listing a series of gruesome and tragic deaths – the result of safety crimes. In the words of OHSIntros’ – these are “the worst of crimes because [they] could have been prevented.” Image sourced from OHSIntros BLOG: https://www.facebook.com/100064446622188/posts/1127076076117269/?mibextid=rS40aB7S9Ucbxw6v *OHS Intros is a Workplace Safety page which provides ‘training, documentation and advice on Workplace Safety’: Facebook

Racing Industry Workplace Fatalities

By admin • July 8, 2025
In recent times we have seen the tragic deaths of workers in the horse racing industry. In May 2025, Fiona Ralph tragically died following a head injury sustained while working at Bendigo Racecourse. Less than 2 months later, on the 3 rd July 2025, we heard news of Peta Tait, a 43-year-old worker who was killed at Cranbourne Racecourse. It is believed that she was kicked in the head by a horse while in the stable. She was attended to by medical personnel, who were unable to save her. Jockey Blake Shinn has reportedly paid tribute, stating that “This is a painful reminder of the dangers that come with working in such a demanding and unpredictable environment.” (7 news) As the jockey highlights the dangers – we turn our minds to the unique hazards presented by the industry, many of which are covered in the WorkSafe Victoria Guidebook – Horse Stable and track riding safety: Horse stables and track riding safety | WorkSafe Victoria . The guide is intended to provide information for those working in the industry and outlines how to identify hazards and implement risk control measures. As in all industries, the employer is responsible for providing a safe workplace, and the usual obligations to consult with the workforce and to control hazards in line with the hierarchy of control all apply. There is a section which specifically covers the safety of stables. Of course, horses are strong and unpredictable, and they pose a specific hazard in this industry - and one which cannot be eliminated as part of this particular workplace. The document discusses the need for training and supervision, which is required in all workplaces. Also, the use of PPE as a control measure, indicating that the use of appropriate footwear, helmets and body protection may be required to ensure the safety of those riding, training, feeding and working with horses and cleaning stables. Working alone can also increase the risks of working around horses. According to SafeWork NSW ‘One worker is hospitalised each day in Australia due to a horse related injury’ . Not all of these are workers; however, it does highlight how dangerous working around horses can be. WorkSafe Victoria reports injury claims attributable to horse racing at: Injury hotspots - Horse racing | WorkSafe Victoria . While the racing community must, of course, grieve the recent loss of two of its’ workers, there will concurrently be a WorkSafe investigation and a Victoria Police investigation for the Coroner. No matter the outcome of these investigations, it is an opportunity to look to industry work practices and identify any improvements which could be made to improve safety in the future. The gravity of such an event cannot be underestimated in its’ impact to family, friends and workmates. One can only hope that an improvement in future safety may be one of those impacts. Our sincere condolences to the families of Fiona and Peta.