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
The Granville rail disaster occurred on 18 January 1977 and remains the deadliest rail incident in Australian history. It resulted in the death of 84 people and injured a further 213. The train left the Blue Mountains at 6:09 on 18 th January 1977 and by the time it reached Sydney there were at least 469 passengers on board. At 8:10 the train derailed on a curve in a deep cutting at Granville and it hit the supports of the Bold St Bridge. This resulted in the bridge collapsing onto the train carriages and the passengers inside. The result was catastrophic loss of life and vast numbers of injuries, with many passengers and rescuers suffering from ongoing trauma. The train crash would expose inadequacies in the NSW railway maintenance processes, oversight and emergency response preparedness. The inquest and reviews into the incident became controversial in that there were allegations that the process was unduly influenced. Despite this it was clear that there were many opportunities for prevention of future railway disasters. There has been extensive criticism of the management and oversight both before and after the disaster.  There is much that is concerning about this case, including the support of those injured and bereaved in the incident. The failure to act following previous incidents on the track is particularly disturbing. There had been two previous derailments on the same section of track, resulting in trains hitting the Bold St Bridge. One in 1967 and another in 1975. Had the issue been addressed on either of these occasions, perhaps the disaster in 1877 would have been avoided. This highlights the importance of investigating incidents and ‘near misses’ and acting to resolve safety issues at the earliest opportunity. 40 years after the disaster, in 2017, the Premier of NSW delivered a belated official apology on behalf of the Government: Granville: Mixed response as NSW Government apologises for Australia's worst train disaster - ABC News An award winning docu-drama named “The Day Of The Roses” was produced as a dramatic depiction of the events surrounding the Granville train crash. It can be found here: https://youtu.be/ZkFBfQA9oxg?si=g_ePZ0kn0KpFrLLE . Those interested in incident investigation, prevention and related matters may well find it thought-provoking.
Snakes are a natural part of the Australian environment, but when they enter worksites, they can pose significant risks. Snakes are most commonly encountered in industries such as construction and agriculture, but snakes can appear in any workplace – including in offices, warehouses, outdoor work areas, or storage spaces. Warm weather increases snake activity, making encounters more likely during summer months. The danger presented by snakes is very real, as snakebites can cause serious injury or death. Common Risk Factors There are certain workplace conditions which increase the likelihood of snakes appearing: Vacant sites : Snakes often move into quiet areas during holiday breaks or weekends. Shelter opportunities : Stored materials, rubble, sheds, and equipment provide dark, cool hiding spots. Food sources : Mice, frogs, and other small animals attract snakes to worksites. Hot weather : Snakes become bolder and more active in summer. Prevention Strategies As always, employers are required to reduce risks to health and safety in the workplace. They can do this by adopting proactive measures: Site housekeeping : Remove rubbish, debris, and unused materials where snakes could hide. Control food sources : Limit rodent and frog populations by managing waste and water. Protective gear : Wear gloves, boots and long pants when working outside or handling stored materials. Awareness training : Inform workers about snake risks, especially after site closures or during hot weather. First Aid training: ensure staff are trained in the initial response in the case of a bite. If a snake is seen in the workplace One of the most important safety messages is never provoke a snake. Most bites occur when people attempt to attack or handle snakes. If a snake is sighted: Stop work in the area immediately. Report the sighting to supervisors. Contact local authorities or licensed snake catchers to remove the hazard. First Aid for Snake Bites Your workplace should have a trained First Aider. The initial first aid for a bite should include: Lie the person down and keep them still. Applying a broad, firm bandage around the bitten limb, about as tightly as for a sprained ankle. Bandage over the bite site first and then bandage as much of the limb as possible, starting from below upwards. Keep the victim still and calm and splint the limb if possible. Do not cut, wash, or apply a tourniquet to the bite. Access immediate medical care - dial 000. Don’t forget that you will need to complete an incident report after a snake bite has occurred. Then, your risk management follow up processes should be followed. A snake bite may be classified as a notifiable incident, in which case it must be reported to WorkSafe Victoria – call 13 23 60 . Conclusion Snakes are a real workplace hazard , especially in construction, agriculture, and outdoor industries. If your workplace is high risk for snakes then you are required to control the risk of snake bite. Prevention and awareness are the best defence: keep sites clean, reduce food sources, and train workers. Never provoke a snake —leave removal to professionals. First aid knowledge can save lives in the event of a bite. By treating snakes as a legitimate occupational hazard, workplaces can protect their workers from a potentially fatal hazard. For more information, see the following resources: Snakes at work: why you should never handle one yourself | WorkSafe.qld.gov.au Snakes on sites - OHS Reps Notifiable incidents under the Occupational Health and Safety Act 2004 | WorkSafe Victoria https://stjohn.org.au/app/uploads/2025/08/Fact-sheets_snake-bite.pdf
