OHS Prosecution on Pure Risk

admin • June 17, 2025

The Victorian Occupational Health and Safety Act 2004 is primarily a risk-based law. That is, it requires the prevention of harm.


The objects of the Act require that health and safety be secured and that risks to health and safety be eliminated at the source, with the highest level of protection against risks being provided. The employer is legally required to eliminate (as far as reasonably practicable) any risk to health and safety. It follows that the majority of offences under the Act are indeed risk-based offences.

This means that a prosecution can occur whether or not the risk has resulted in death or injury. It is enough to have simply exposed a person to the risk of harm.

The argument for this is that the OHS Act aims to prevent injury, disease and death at work.


So why do we see many prosecutions occurring after the harm has in fact materialised into an injury or death?

Perhaps it is due to a public expectation that these horrific incidents should result in some punishment of those responsible?

Perhaps it is that the ultimate evidence of the safety failure is now present – providing a compelling argument as to the egregious nature of the risk that was posed by the breach?

Perhaps there is motivation to provide general deterrence as a result of these tragic events?

It is important to note that the death or injury does not form part of the offence in these prosecutions, rather it forms part of the evidence.


But, we do see pure risk prosecutions.

The regulator can and does charge on the basis of risk only, before the safety failure has resulted in harm to anyone. This is the ultimate outcome – to prevent.

Prosecuting on the basis of risk may be for the purpose of primary prevention, or as the ultimate escalation in a hierarchy of sanctions. It may serve as specific deterrence, to effect change in an individual’s or company’s behaviour. General deterrence is often seen as very important – reinforcing to all duty holders that they are required by law to take a pro-active approach to safety.


Here are a few examples of cases of pure-risk prosecutions:

$7.5K FINE IN PURE RISK FALLS CASE - OHS Reps

$25K FINE IN AHWAZ ROOFING PURE RISK CASE - OHS Reps

CONSTRUCTION COMPANY FINED $12K IN ‘PURE RISK’ PROSECUTION - OHS Reps


The following Melbourne Law School presentation also makes for some interesting reading on this topic: CELRL-Seminar-21-May.pdf


Proceeding to prosecution on the basis of risk represents an alignment between prosecution strategies and the principles of the OHS Act. Certainly, it serves as a reminder that duty holders have a legal requirement to provide the highest level of protection and to prevent harm in the workplace.

Safety Starts with BeSafe Victoria

By admin • July 28, 2025
When it comes to workplace safety, the stakes are high. When it comes to safety training, BeSafe Victoria has emerged as a leader, setting the gold standard for occupational health and safety (OHS) education in Regional Victoria. Here’s why they stand out as the best safety trainers: 1. Passion for Safety At BeSafe Victoria, safety isn’t just a job—it’s a calling. Their team lives and breathes safety education, driven by a genuine passion for creating safer workplaces. BeSafe Victoria’s team is driven by a genuine commitment to creating safer workplaces. Their approach makes their training impactful and memorable. 2. WorkSafe-Approved As a WorkSafe-approved provider , BeSafe Victoria ensures their courses meet the highest standards. Their Health and Safety Representative (HSR) training courses include 5 Day HSR Initial OHS Training and 1 Day HSR Refresher OHS Training Courses. This stamp of approval ensures participants receive credible and up-to-date training, with the added benefit of BeSafe’s passionate delivery and follow-up support. 3. Regional Reach with Local Expertise Although headquartered in Ballarat, BeSafe Victoria’s impact extends far beyond. Their experienced trainers are available to deliver courses across all regional areas of Victoria, ensuring that even remote workplaces have access to top-tier safety education. BeSafe have booked courses in Morwell, Shepparton, Wodonga, Ararat, Portland, Traralgon, Bendigo and more. This regional focus makes them an invaluable resource throughout the state – booking courses anywhere there is a demand – just get in touch. BeSafe is passional about bringing OHS training to where it is needed most – in Regional Victoria. 4. Ongoing Suppor t Beyond Training Their commitment doesn’t end with training - BeSafe is committed to providing ongoing support. BeSafe offers free follow-up support and assistance to help their network of participants after they finish training and are working to resolve safety issues in their workplace. 5. Leaders training for Every Workplace BeSafe knows that being a great leader means understanding your OHS obligations. They also understand that many managers and supervisors don’t feel confident that they have enough OHS knowledge. That’s why BeSafe have developed a Leaders Introduction to OHS Course – to help managers and supervisors develop their OHS Leadership skills and understanding. Safety Starts with BeSafe Victoria In a world where workplace safety can mean the difference between life and death, choosing the right training provider is crucial. BeSafe Victoria’s passion, expertise, and commitment to excellence make them the clear choice for Regional Victorians. Ready to take the first step toward a safer workplace? BeSafe Victoria is here to guide you every step of the way. Get in touch at: HSR Training and support | BeSafe | Regional Victoria

List of Victoria's Biggest OHS Offenders

By admin • July 14, 2025
An updated list has been published of The ‘BIGGEST BIGGEST OFFENDERS’ in OHS Crimes . This list names and shames the companies which have been deemed worthy of the largest fines handed down by judges for offences under the Victorian Occupational Health and Safety Act 2004 . It makes an interesting, albeit sobering, read. The list (see below) has been compiled and published by the OHSIntros BLOG and has recently been updated with offenders from the last 2 years. In the last 35 years, according to OHSIntros ’ records, there have been 31 cases which have incurred a fine over $500,000. These companies have been collectively responsible for the deaths of 23 workers and a number of other serious incidents. 21 of these incidents involved plant, thus representing the majority of the cases. The incidents are all horrific, with many involving crushing, entrapment and falls – leading to violent deaths and horrendous injuries. The top fine was a penalty of $3 million, as a result of LH Holdings Management Pty Ltd being charged under Workplace Manslaughter Legislation and fined in 2024. A number of high-profile cases can be seen on this list. However, there are many well known cases which are not featured here, due to the fact that their sentences did not hit the $500K threshold. This perhaps raises concerns relating to The Sentencing of OHS Offences in Victoria . The list is a sobering one, listing a series of gruesome and tragic deaths – the result of safety crimes. In the words of OHSIntros’ – these are “the worst of crimes because [they] could have been prevented.” Image sourced from OHSIntros BLOG: https://www.facebook.com/100064446622188/posts/1127076076117269/?mibextid=rS40aB7S9Ucbxw6v *OHS Intros is a Workplace Safety page which provides ‘training, documentation and advice on Workplace Safety’: Facebook