Protection for employees who SPEAK UP about safety

admin • April 1, 2025

It is illegal to dismiss in employee or to discriminate against an employee if they have raised an OHS issue or concern.

This is covered under Section 76 of The Occupational Health and Safety Act 2004 (The Act).


This means that employees can and should raise concerns about both within and, if necessary, outside their organisation.


What does discrimination mean this context?

Discrimination against a person for raising an OHS issue can include:

  • Dismissal
  • Injury
  • Alteration of an employee’s position, to their detriment
  • Refusal of employment of a prospective employee or less favourable treatment of them

Noting that the discrimination must have arisen due to the raising of an OHS concern as the dominant factor.


The Act says that employees cannot be dismissed from employment or discriminated against if they:

  • Are an HSR or deputy HSR (dHSR)
  • Are a member of a Health and Safe Committee
  • If, as an HSR, dHSR or HSC member, they exercise their powers
  • If they are an employee who has assisted or given information to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member
  • If they are a prospective employee who raises or has raised an issue or concern about health and safety to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member

In short, any employee or prospective employee is protected under this part of The Act.


Further strengthening the law is the fact that the accused bears the onus of proof (Section 77 of the OHS Act). This means that the employer is considered to have broken the law unless they can prove that they did not dismiss or discriminate on the basis of the person raising a health and safety issue - with this being the dominant issue.

If found guilty, the offence carries significant penalties under The Act.


The intent of the legislation is to ensure that employees can SPEAK UP about health and safety issues, without fear of retribution. Remember, The Law states that you can speak up and protects you against discrimination.



For more information on this topic:

Discrimination for OHS reasons - OHS Reps

Discrimination on health and safety grounds | WorkSafe Victoria


If you need help, don’t hesitate to call BeSafe on 0467 002 060 or email us on admin@besafevictoria.com.au

WorkSafe HSR of The Year!

By admin • March 3, 2026
The Annual WorkSafe Awards Night was held last week at the Plaza Ballroom in Melbourne. BeSafe was there and, of course, the highlight of the night was the presentation of the Award for Health and Safety Representative of The Year! This category acknowledges Health and Safety Representatives (HSRs) who have represented their designated work group (DWG) in an outstanding manner. There were four finalists this year and all of them showed how effective representation by HSRs is vital to safe workplaces. Anna Musgrave – Ambulance Victoria Anna is an ALS paramedic from Maffra who worked on a really challenging workplace hazard: fatigue. She advocated for the health and safety of her DWG, ultimately creating a fatigue monitoring self-assessment tool and changing the culture around fatigue and fatigue management. See more about Anna here: https://youtu.be/7tXtrXnVfME?si=BdtOF4t-ZP61otfx Ben Lennon – Crown Melbourne Ben is a table games dealer at Crown Casino, a delegate and HSR. He has been able to ensure all workers’ DWGs are represented, help workers to understand their rights and to feel safe to report. By helping spa treatment workers with their safety issues, he was able to facilitate a resolution. He has focused on effective consultation through building trust and working together. See more about Ben here: https://youtu.be/iVCcWq1mjKw?si=7qz2VfKfv_RLiF9L Bess Taitoko and Owen Glassenbury – Northern Health Two amazing HSRs who worked together to address serious Occupational Violence and Aggression issues in the Broadmeadows Inpatient Psychiatric Unit. The working environment involved the balancing of patient safety and wellbeing and that of the staff. These HSRs worked within a complex environment to ensure the safety of the work group which they represent, including creating a flow chart to assess and address risks proactively. See more about Bess and Owen here: https://youtu.be/wySo4Q0Vuxw?si=r7HuyV11XQOuHa5u Manny Mason – City of Ballarat - The 2025 HSR of the year award winner! Manny works in the Arboriculture Unit at the City of Ballarat and has been an HSR for over 15 years. He has dealt with many issues over the years. He has provided support and advocacy in bullying and sexual harassment cases, through to addressing physical hazards in fountain maintenance. He highlighted the importance of communication, advocacy and supporting co-workers while holding the employer to account in ensuring the safety of the workplace.  See more about Manny here: https://youtu.be/EQwPxiu43FA?si=qtKYItVTAxt7rgnf Congratulations to these Safety Reps and a big shout out to all the HSR’s out there who are doing great work every single day as the safety superheroes in their workplace!

Coronial Findings on workplace deaths – an opportunity to learn

By admin • February 16, 2026
Coroners Court findings are an opportunity to learn – especially when it comes to a workplace death. The role of the Coroners Court is to: “investigate reportable deaths, reduce preventable deaths promote public health and safety and the administration of justice” About us | Coroners Court of Victoria The Coroners’ Court deals with certain reportable deaths and this includes “When someone dies from an accident or injury, even if there is a prolonged interval between the incident and death.” – including workplace deaths. These deaths must be reported to the coroner for investigation. All of these reportable deaths are allocated to a Coroner who then investigates the death and then will consider whether anything could be done differently to help prevent similar deaths in the future. Inquests are not held for every death, in fact less than 5% of deaths will be the subject of an inquest. The rest of the cases will have findings made ‘in chambers’. The Coroner may or may not make ‘recommendations’ to prevent future similar deaths. The Coroner may or may not then order for the findings to be published. Those cases which are published can be found at: Findings | Coroners Court of Victoria The findings into any death are always sobering reading. But in the case of work-related deaths there is almost always a preventative opportunity – even when no specific recommendations are made. For this reason, it is important that these findings are made publicly available for those who wish to review them and learn (– assuming that the worker’s family has approved the publication of the report). The Coroners Court says that they aim to ‘identify how similar deaths may be prevented’. If that is to truly be the case, then they need to be published and we must seek to read them and learn from these tragic deaths. Perhaps the greatest tragedy of all would be if we do not learn from these horrific deaths in the workplace? We pay our respects to those who have lost their lives at work and acknowledge the pain and suffering of those left behind. Everyone has the right to come home from work alive and well at the end of the day.