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.

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
By admin June 9, 2026
The veterinary profession can be one of the most rewarding careers, but it’s also one of the most emotionally and mentally demanding. Behind the compassion, skill, and dedication lies a reality many outside the industry don’t see: long hours, emotionally charged cases, financial pressures, and the emotional toll of euthanasia and client grief. With Victoria’s new psychological health regulations now in effect (as of December 2025), workplaces must manage psychological risks with the same seriousness as physical hazards. For veterinary practices, this is not just a compliance requirement, it’s a lifeline for the wellbeing of their teams. The Hidden Pressures in Veterinary Work Veterinary professionals may face a multitude of psychosocial hazards, including: Exposure to traumatic events Aggression and violence High job demands and time pressure Low job control Remote or isolated work Poor workplace relationships and minimal support Moral and ethical dilemmas are also a feature of the work as well as the exposure to grief and loss. Thinking of Veterinarians as first responders can help to understand the types of psychosocial hazards which they face. These factors can lead to burnout, compassion fatigue, anxiety, depression, and tragically, higher-than-average suicide rates in the profession. Suicide rates are up to four times higher than the general population, making the industry’s psychological hazards the most common fatal risk in the veterinary workplace. Why BeSafe Victoria’s Training Matters BeSafe Victoria’s psychosocial safety training is a new course designed to help participant’s: Understand the Psychological Health Compliance Code Identify psychosocial hazards Follow a risk management process for psychosocial hazards Implement practical controls Ensure consultation is compliant and effective At BeSafe Victoria, we deliver training designed by WorkSafe for Health and Safety Representatives. However, it is also an excellent course for leaders and teams to ensure the psychological safety of their workplace. In turn, this helps us all to work towards improved psychological outcomes for Veterinarians and the industry more broadly. The Benefits for Veterinary Practices Investing in psychological safety training can: Ensure compliance with the OHS legislation Improve staff retention and team morale Improve the psychological health of veterinary teams Enhance team consultation, collaboration and trust Reduce rates of psychological harm Contact us to find out more about our courses and how we can help you. This may include providing advice on designated work groups, electing HSRs, or delivering training. Please reach out on 0467 002 060 or info@besafevictoria.com.au