OHS Learnings from Judge Peter Rozen

admin • May 6, 2025

Judge Peter Rozen is currently a Judge in the County Court of Victoria where he was appointed in 2022. His name is well known, due to his long history as an expert in Occupational Health and Safety law.  Judge Rozen has been involved in a number of high-profile reviews and inquiries, and he co-authored a textbook on the subject: ‘Health and Safety Law in Victoria’.


Recently, Judge Rozen presided over the case of DPP vs Energy Australia Yallourn Pty Ltd, where he gave his sentencing remarks on 27th March 2025. This case was a pure risk prosecution relating to a fire at the power plant, which resulted in the conviction of Energy Australia for breaching section 21 of the OHS Act.


The County Court broadcast the sentencing remarks on YouTube: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025 in what was a helpful move to make access to his commentary more accessible to those wanting to learn from OHS rulings.


Judge Rozen took the opportunity to explain the way in which employers must engage in risk assessment including the consideration of the likelihood of the event occurring and its’ potential consequence.


He also took the time to explain that employers must provide the highest level of protection against risks to health and safety and that they must be proactive in their duty to provide a safe workplace, as well as to monitor conditions and to engage suitably qualified persons in relation to OHS. Notably, he highlighted the need for meaningful consultation and the fact that employees are entitled to be represented (by and HSR).


Rozen went on to delve into the concept to ‘reasonably practicable’ and described how the ‘more ‘reasonably practicable’ an identified risk control measure was, all else being equal, the more egregious will be the failure to have implemented it’.


Judge Rozen’s closing remarks were a strong reminder to duty holders as to their legislated responsibilities under the Law:

‘It has been stated by the Court of Appeal on more than one occasion that employers are required by the Act to take an active, imaginative and flexible approach to the safety of those who may be affected by their undertakings. An employer must actively identify risks to health and safety and take all steps that are reasonably practicable to obviate those risks. Employers are not allowed under the law to take a passive approach to safety only improving safety procedures after an incident... fines in OHS cases must draw attention to the importance of workplace safety, and send a message to employers that failure to eliminate or mitigate safety risks will attract significant punishment.'


The full transcript is available at: sentencing-remarks-dpp-v-energy-australia-yallourn.pdf

And the video can be viewed at: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025


Any HSR, employer or person interested in OHS would benefit from listening to the comments of Judge Rozen. In particular, his educational comments which I have summarised are found at around the 11.30 mark.

Psychological Health Regulations: A Focus on Risk Management - a Summary of WorkSafe's Webinar

By admin • October 27, 2025
Almost 14,000 people registered to attend WorkSafe Victoria’s webinar “Psychological Health Regulations: A focus on risk management” held on 27 th October 2025. The webinar was essentially an overview and pointed to a number of resources for employers to access to ensure they are compliant by 1 st December 2025. WorkSafe Representatives explained that employers have always had a duty to provide a safe workplace - including physically and psychologically. However, the new regulations introduce a specific duty relating to the need to identify and control risks associated with psychological health in the workplace. Psychosocial hazards are factors in the workplace which may create a negative psychological response which can pose a risk to a worker’s health and safety (eg: long hours, work demands, low role clarity, sexual harassment, bullying, etc). WorkSafe were very clear that The Psychological Health Regulations do not impact any workers eligibility for mental injury claim, as they have no impact on the Workplace Injury Rehabilitation and Compensation (WIRC) Act. The stated aims of the Regulations were as follows: 1. To strengthen the OHS framework by recognising psychosocial hazards as equally harmful as physical hazards. 2. To provide clearer guidance to employers on their obligations to protect employees from psychological injury. 3. To create specific obligations for Victorian employers to identify and control psychosocial risks in their workplaces. 4. To support employers through a range of tools and non-statutory guidance, including an optional prevention plan template to guide the risk management process. 5. To ensure compliance by providing a practical code to help employers meet their duties under the Regulations. These regulations are part of a broader effort to address the increasing prevalence of work-related mental injuries and to create a safer, more supportive work environment for all employees. WorkSafe explained that they was now a prescribed risk management process which requires all employers to identify psychosocial hazards and to control the risks by eliminating or reducing the risks as far as reasonably practicable. The risk management cycle (see image below) Step 1. Identify hazards Step 2. Assess the risks (including likelihood and consequence) Step 3: Control the risks (in line with the Hierarchy of Control) Step 4: Review – monitor, review and revise Throughout the process, consultation must occur Hierarchy of Control (see image below) The WorkSafe representatives explained the hierarchy of control for psychosocial hazards – noting that elimination is the first priority, and if not possible then there were ways to reduce the risk by making changes to limit exposure or to reduce the effects of exposure to the psychosocial hazard. In most cases, information, instruction or training will form part of the management of the risk. However, this should be in combination with higher order controls due to the fact that these are the least effective option. Compliance code The new compliance code Compliance code: Psychological health | WorkSafe Victoria provides a comprehensive guide to what is required in relation to the new Regulations. Hazard prevention plan There is a psychological hazard prevention plan template which can be found at: Prevention plans for psychosocial hazards | WorkSafe Victoria which is a simple way to go through the risk management process and to document it. Prevention plans are not mandatory – although strongly encouraged. You can use another method to carry out and record your risk management process. Enforcement WorkSafe inspectors may issue improvement notices in the same way as they do for physical hazards. Inspectors will be addressing complaints as well as conducting proactive and strategic workplace visits. All employers, whether in a large or small business, will be required to comply. Reporting Employers need to treat psychological hazards in the same way as physical risks – so you can use your existing internal reporting processes for these too, although they may need to be adapted for this purpose. There are no new mandatory reporting requirements. Commencement The Regulations commence o n 1 st December 2025, to allow time for employers to prepare. It was noted by WorkSafe that the obligation to provide a work environment without risks to psychological health is already required under The Act and that there has been significant lead-time to the new Regulations. Therefore, there is an expectation that employers are already across the requirements, however there is still time prior to 1 st December 2025 to ensure compliance with The Regulations. Before December, employers should have in place: evidence of having identified and controlled psychosocial hazards and have a prevention plan (or alternative) in place, noting that consultation with employees must occur as part of this process. Key takeaways: Employees psychological health must be treated equally to physical health. The Regulations and Compliance Code provide the guidance to employers on how to do that in the most effective way. Employers are encouraged to have a close look at the Compliance Code, which provides practical guidance. Risk management is an ongoing process, not a ‘set and forget’, there is a process of continuous improvement. This means ongoing monitoring and review of psychological risks and the controls. For more information and resources: WorkSafe psychological health page: Psychological health | WorkSafe Victoria To view the full webinar: https://tsglive.com.au/HSMweb3

Employers duties in relation to HSRs

By admin • October 13, 2025
Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace. Who Are HSRs? HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them... Key Employer Duties Toward HSRs Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill: 1.Allowing HSRs to access information. Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to: The health and safety of members of their DWG Actual or potential hazards in the workplace Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively. 2. Allow HSRs to be present at interviews HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector. 3. Allow HSRs to have time off work with pay The employer must provide paid time for the HSR to Do any work which involves them exercising their powers under The Act Completing any WorkSafe approved training (with 14 days notice) 4. Providing facilities and assistance The employer must enable the HSR to exercise their powers by providing any facilities and assistance required. 5. Allow access of persons providing assistance to HSRs The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters. 6. Display a written list of HSRs The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees. 7. Facilitating Training Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria ) and refresher courses annually. Employers are responsible for: Covering the cost of training Allowing paid leave for HSRs to attend training Allowing HSRs to choose their training provider 7. Allow HSRs to p erform all of their Functions according to their powers under the OHS Act This includes all the powers outlined in our blog on the Powers of HSR's. 8. Consulting with HSRs Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes: Changes to workplace processes, equipment, or systems Development or review of safety policies and procedures Risk assessments and control measures 9. Protecting HSRs from Discrimination HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role. Why These Duties Matter Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they: Reduce workplace injuries and illnesses. Foster trust and collaboration between workers and management. Enhance overall productivity and morale. Penalties for Non-Compliance Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards. Conclusion Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business. If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.