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.

Snakes in the workplace

By admin • December 15, 2025
Snakes are a natural part of the Australian environment, but when they enter worksites, they can pose significant risks. Snakes are most commonly encountered in industries such as construction and agriculture, but snakes can appear in any workplace – including in offices, warehouses, outdoor work areas, or storage spaces. Warm weather increases snake activity, making encounters more likely during summer months. The danger presented by snakes is very real, as snakebites can cause serious injury or death. Common Risk Factors There are certain workplace conditions which increase the likelihood of snakes appearing: Vacant sites : Snakes often move into quiet areas during holiday breaks or weekends. Shelter opportunities : Stored materials, rubble, sheds, and equipment provide dark, cool hiding spots. Food sources : Mice, frogs, and other small animals attract snakes to worksites. Hot weather : Snakes become bolder and more active in summer. Prevention Strategies As always, employers are required to reduce risks to health and safety in the workplace. They can do this by adopting proactive measures: Site housekeeping : Remove rubbish, debris, and unused materials where snakes could hide. Control food sources : Limit rodent and frog populations by managing waste and water. Protective gear : Wear gloves, boots and long pants when working outside or handling stored materials. Awareness training : Inform workers about snake risks, especially after site closures or during hot weather. First Aid training: ensure staff are trained in the initial response in the case of a bite. If a snake is seen in the workplace One of the most important safety messages is never provoke a snake. Most bites occur when people attempt to attack or handle snakes. If a snake is sighted: Stop work in the area immediately. Report the sighting to supervisors. Contact local authorities or licensed snake catchers to remove the hazard. First Aid for Snake Bites Your workplace should have a trained First Aider. The initial first aid for a bite should include: Lie the person down and keep them still. Applying a broad, firm bandage around the bitten limb, about as tightly as for a sprained ankle. Bandage over the bite site first and then bandage as much of the limb as possible, starting from below upwards. Keep the victim still and calm and splint the limb if possible. Do not cut, wash, or apply a tourniquet to the bite. Access immediate medical care - dial 000. Don’t forget that you will need to complete an incident report after a snake bite has occurred. Then, your risk management follow up processes should be followed. A snake bite may be classified as a notifiable incident, in which case it must be reported to WorkSafe Victoria – call 13 23 60 . Conclusion Snakes are a real workplace hazard , especially in construction, agriculture, and outdoor industries. If your workplace is high risk for snakes then you are required to control the risk of snake bite. Prevention and awareness are the best defence: keep sites clean, reduce food sources, and train workers. Never provoke a snake —leave removal to professionals. First aid knowledge can save lives in the event of a bite. By treating snakes as a legitimate occupational hazard, workplaces can protect their workers from a potentially fatal hazard. For more information, see the following resources: Snakes at work: why you should never handle one yourself | WorkSafe.qld.gov.au Snakes on sites - OHS Reps Notifiable incidents under the Occupational Health and Safety Act 2004 | WorkSafe Victoria https://stjohn.org.au/app/uploads/2025/08/Fact-sheets_snake-bite.pdf

Controlling the risk of Sun Exposure

By admin • December 15, 2025
Sun exposure is one of the most underestimated workplace hazards, especially for outdoor workers. Prolonged exposure to ultraviolet (UV) radiation can cause serious health risks, but with the right protections, employers and employees can reduce these dangers. Why Sun Exposure is a Workplace Hazard UV radiation risk : Outdoor workers are exposed to UV radiation for long periods, which can lead to skin damage, sunburn, premature aging, and skin cancers. Eye health : UV rays can also damage the eyes, increasing the risk of cataracts and other vision problems. Heat stress : Extended time in the sun raises the risk of dehydration, heat exhaustion, and heatstroke, which can impair concentration and increase accident risks. Cumulative exposure : Unlike a one-time hazard, UV damage builds up over years, making outdoor workers particularly vulnerable. Employer Responsibilities The legislation prescribes that employers must provide a safe workplace that is without risks to health and safety. As such, employers must take steps to eliminate or reduce UV exposure risks so far as is reasonably practicable . This includes: Risk assessment : Identifying tasks and times of day when UV exposure is highest. Protective measures : Providing shade structures, scheduling work outside peak UV hours (10 am–3 pm), and rotating tasks to limit exposure. Education : Training workers on the dangers of UV radiation and how to protect themselves. Policy implementation : Establishing sun protection policies as part of workplace health and safety systems. Monitoring conditions : Being aware of UV index levels and reporting unsafe conditions. Consulting with employees : in relation to the hazard of sun exposure. Worker Responsibilities Under the OHS Act, employees have a duty to take reasonable care of their own, and others, health and safety and to co-operate with measures taken by their employer to ensure health and safety. Employees can play a role in protecting themselves by, for example: Wearing protective clothing : Long-sleeved shirts, wide-brimmed hats, and sunglasses with UV protection. Applying sunscreen : Broad-spectrum SPF 30+ sunscreen should be applied regularly throughout the day. Hydration : Drinking water frequently to prevent heat stress. Monitoring and reporting: Being aware of UV index levels and reporting unsafe conditions. Building a Sun-Safe Workplace Culture Creating a workplace culture that prioritizes sun safety is essential. This means: Normalising sunscreen use and reapplication breaks. Encouraging workers to look out for each other’s wellbeing. Making protective gear accessible and mandatory. Recognising that sun protection is not just a personal choice but a workplace safety requirement. Key Takeaways Sun exposure is a serious occupational hazard for outdoor workers. Employers must provide protections such as shade, scheduling, and training. Workers must take proactive steps like wearing protective clothing and using sunscreen. A strong workplace culture around sun safety reduces risks and promotes long-term health. Sunlight is vital for life, but in the workplace, it must be managed like any other hazard. Hazard identification and risk control is a legal requirement under the OHS Act. By treating UV exposure with the same seriousness as machinery or chemicals, employers and workers can ensure safer, healthier outdoor environments. For more guidance in relation to this: Sun protection for outdoor workers | WorkSafe Victoria