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.

Working in the cold

By admin • July 27, 2026
When Winter sweeps across Victoria, temperatures can drop sharply, especially in regional areas and early mornings. For outdoor workers, or those in cold storage and refrigerated environments, these conditions aren’t just uncomfortable, they can be dangerous if not managed properly. Working in a cold environment can lead to: Hypothermia : when body temperature drops below safe levels. Frostbite : damage to skin and tissue from freezing. Reduced dexterity : making tasks harder and increasing risk of incidents. Slips and falls : from ice, frost, or wet surfaces. Fatigue : as the body works harder to stay warm. Increase in prevalence of other conditions: such as arthritis and bronchitis. Under the Victorian Occupational Health and Safety Act 2004 (The Act), employers must provide a safe working environment. This includes: Identifying cold-related hazards. Implementing control measures to eliminate or reduce the risk as far as reasonably practicable. Follow a risk management process in relation to the hazard. Consult with your workforce throughout the process. When you have identified that you have a cold hazard in your workplace, you must control the risk as far as reasonably practicable. As, always this means working through the Hierarchy of Control from top to bottom. Here are some ways you could think about controlling the cold hazard in your workplace: Eliminate: Think about changing work scheduling if weather is extreme. Substitute: Think about whether you could move the work to another location. Isolate: Protect the workers from the cold, for example by providing shelter. Engineer: Can you provide heating or insulation in this work situation? Administrative controls: Could include changes to the workflow or rosters. Training must be provided, including training in the signs of cold stress and treatment. PPE: Such as weatherproof clothing, hats, face covers, boots, and allowing for drying or replacement of gear.  Don’t forget that, under The Act, Consultation must be undertaken at every step of the process. Monitoring of the controls must also occur, especially as conditions change. Frosts and wind chill factor should be taken into account, as well as seasonal or unexpected weather changes. Cold conditions in Victoria can be managed with the right planning, clothing, and awareness. Employers and workers share the responsibility to ensure everyone stays safe, warm, and healthy through the winter months. Health and safety representatives are a key part of the co-operative process required to create safe workplaces. For more information on this topic, take a look at: Cold - OHS Reps Extreme cold | Comcare For specific guidance regarding cold storage facilities: Safe operation of cold storage facilities: A handbook for workplaces | WorkSafe Victoria

ATVs on Farms

By admin • July 15, 2026
If you’ve spent any time on a Victorian farm, you know the quad bike is as common as the gum tree. It’s the workhorse that gets you from the dairy shed to the back paddock in minutes. But while ATVs save time and effort, they also carry serious risks, especially when safety takes a back seat. Studies have found that rollover and crush protection on quad bikes is saving lives, particularly in Victoria, where farm fatalities have been steadily declining. Yet, despite these improvements, quad bike incidents remain one of the leading causes of death and injury on Australian farms. Quad bikes (also called ATVs) are incredibly useful for mustering livestock, carrying supplies, and navigating rough terrain. But their stability can be deceptive, with uneven ground, high speeds, or heavy loads easily leading to rollovers. In Victoria, WorkSafe data shows that most fatal incidents involve the bike overturning and trapping the rider. Since October 2021, the national quad bike safety standard has required: Operator Protection Devices (OPDs) to reduce crush injuries in rollovers. Minimum stability requirements for new models. Warning labels about rollover risks. Victoria has been ahead of the curve, with strong farm safety campaigns and subsidies to help farmers retrofit OPDs. Practical Safety Tips for Victorian Farmers Always Wear a Helmet . Even at low speeds, head injuries can be fatal. Fit a Crush Protection Device . These can prevent you from being pinned under the bike. Match the Bike to the Job . Don’t overload or tow beyond the manufacturer’s limits. Ride to the Conditions . Slow down on slopes, wet ground, or unfamiliar tracks. Never Carry Passengers . Unless the ATV is specifically designed for more than one rider. Training Matters . Enrol in an accredited ATV safety course to sharpen your skills and make sure all operators have adequate training to operate the vehicle. Don’t forget that the employer has a duty to provide information, instruction and training to ensure that employees can work safely. Review the terrain before undertaking the task . Some areas of the farm may need to be strictly off-limits for ATV use. Look at alternative options . Some farmers are switching to side-by-side vehicles (SSVs), whic h offer seatbelts and roll cages. While not risk-free, they can be safer for certain tasks, provided operators still follow safety protocols. ATVs are here to stay on Victorian farms, but so is the responsibility to use them safely. With the right equipment, training, and by keeping safety front-of-mind you can make sure your quad bike remains a tool, not a threat. If you’re a Victorian farmer, check your quad bike today. Is it fitted with a crush protection device? Are you wearing a helmet every ride? Safety isn’t just about compliance, it’s about coming home at the end of the day.  For more information, take a look at: New study finds safety protection on quad bikes is driving down farm deaths - ABC News How the new national quad bike safety standard affects farmers in Victoria | WorkSafe Victoria