Failure to supervise is an indictable offence.

admin • January 28, 2025

Section 21 of the Victorian Occupational Health and Safety Act 2004 - Duties of employers to employees dictates that employers must provide ‘supervision to employees as is necessary to enable those persons to perform their work in a way that is safe and without risks to health’.


Failure to do so is an indictable offence.


Who must be supervised?

It is the legal responsibility of the employer to provide supervision in order to ensure workers are following safety instructions and working safely – but who does this include?

The legal obligation to supervise extends to any person to which the employer has a duty to provide a safe workplace. This includes:

-         Direct workers – full time, part time, or casual

-         Labour hire workers

-         Independent contractors

-         Employees of independent contractors


Who can be a supervisor?

In order to effectively supervise workers, the designated supervisor must be competent and trained to carry out this role. Before undertaking a supervisory role, the person should:

-         Be trained in OHS legislation

-         Be trained in workplace policies and procedures

-         Understand all the obligations under OHS laws

-         Understand what the workers’ experience and skills are

-         Understand the tasks being carried out and what safety requirements apply to these tasks

-         Understand the level of training required for workers to safely undertake these tasks

-         Have authority to make decisions and act on OHS issues immediately

-         Be resourced to carry out their OHS supervisor obligations effectively and meaningfully

The supervisor should not only receive training before becoming a supervisor but should also attend regular refresher training.


Do you want to know more about supervision and whether your workplace is meeting its’ legal obligations? Take a look at Safety supervision: Creating an environment for effective supervision | WorkSafe Victoria

 

By admin September 9, 2025
It has been a long time coming, and the promised released date for Victoria's new Occupational Health and Safety (OHS) Psychological Health Regulations is imminent. These regulations, which are anticipated to be released in October and to come into effect on 1 December 2025 , aim to address the growing recognition of psychosocial hazards in the workplace. What Are Psychosocial Hazards? Psychosocial hazards refer to workplace factors that can negatively impact an individual’s mental health and well-being. These include, but are not limited to: Workplace bullying High job demands or low job control Poor workplace relationships Exposure to traumatic events Discrimination or harassment Such hazards can lead to stress, anxiety, depression, and other mental health challenges, which not only affect individuals but also reduce workplace productivity and morale. They can also lead to catastrophic consequences for some individuals. Why are new Psychosocial Regulations being introduced? The Victorian government has responded to recommendations made by the Boland Review of WHS, the Royal Commission into Victoria’s Mental Health System and the Productivity Commission Inquiry into Mental Health. There is already a legal obligation under the existing Occupational Health and Safety Act 2004 (OHS Act): employers must provide and maintain a working environment for their employees, including contractors, that is safe and without risks to health, so far as reasonably practicable. In addition, in Section 5 of the OHS Act, health is defined as including psychological health. However, there is limited guidance in Victoria as to how this should be done. The new Regulations are intended to close this gap. The new regulations are designed to ensure that employers take proactive steps to identify, assess, and manage psychosocial risks. They will dictate how an employer must identify and control psychosocial risks in the same way that they manage physical hazards. This includes a risk management approach to these hazards and how to implement measures to prevent harm and create a supportive work environment. A Compliance Code will accompany the regulations, providing practical guidance for employers on how to meet their obligations. This will include strategies for risk assessment, consultation with employees, and implementing controls. How Can You Prepare? Review your safety structures in your workplace – do you have elected Health and Safety Representative, Designated Work Groups and Health and Safety Committees - and are they working well? Ensure your reporting and consultation processes are sufficient and working well. Remember that open communication is key and that you have a legal obligation to consult with your employees on any changes which may affect their health and safety in the workplace. Review your existing policies and procedures – are there policies around bullying, harassment and workload management? Make sure your general OHS knowledge base is strong. This might mean looking at your existing training . Are workers, HSR’s, supervisors, managers and the leadership team all up to speed on their rights and obligations under the OHS Act? BeSafe Victoria can help you with HSR training, refreshers and leaders OHS training. HSR Training Courses | BeSafe | Regional Victoria Take a look at Psychological health | WorkSafe Victoria and utilise the WorkWell toolkit at WorkWell Toolkit | WorkSafe Victoria Start to plan how you will implement a training schedule once the Regulations are released. Watch this space – BeSafe will be developing a course to bring you up to speed once we have the Regulations and Compliance Code. Reach out if you are interested in being notified once this is available: HSR Training and support | BeSafe | Regional Victoria As always, if you need any help, reach out to BeSafe on 0467 002 060 or admin@besafevictoria.com.au
By admin September 1, 2025
New electrical apprentice supervision requirements come into effect in Victoria on September 1 st 2025. It is the role of employer to supervise their apprentices, and this is vital to ensuring their safety in all industries - including electrical apprentices. There have been 5 electrical apprentice deaths in the last 10 years in Victoria alone. It is hoped that the new changes will improve safety and make an impact to prevent electrocution fatalities. The new apprentice supervision requirements will bring Victoria alignment with other states, and the changes include supervision rations and the level of supervision required when an apprentice is undertaking certain tasks. It is now mandatory for the employer to provide any person who is in a supervisory role with a copy of the supervision requirements. These requirements apply to supervision standards only while doing electrical work. The usual OHS standards apply when the apprentice is undertaking other non-electrical work on-site – keeping in mind that the OHS Act does include requirements around supervision also. The new apprentice supervision requirements mandate direct 1:1 supervision when carrying out electrical work. This means 1 supervisor to 1 apprentice and with constant visual contact when carrying out high risk tasks. It is no longer good enough to supervise 2 apprentices at once, or to be ‘within earshot’. There is a grading system for how much supervision is required, which depends on the experience of the apprentice and the tasks being undertaken. For example, 1 st year apprentices must be under 1:1 supervision at all times but will move to reduced supervision as they gain experience throughout their apprenticeship. However, high risk tasks will always require direct 1:1 visual supervision. Work on or near any live or energised equipment must not be performed by any apprentice. However, a fourth-year apprentice may perform fault finding – but only under direct 1:1 supervision. There are very prescriptive requirements which are now in place and must be followed. These changed requirements are intended to ensure the safety of the electrical industry’s most vulnerable workers. For more information, have a look at the video below, or take a look at: Requirements for the effective supervision of apprentice electricians | Energy Safe Victoria