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

Small Business and Managing Psychosocial Hazards

By admin • September 7, 2026
When we think of workplace safety, we usually picture high-vis vests and machinery guards. But, we can’t forget that employers have the exact same legal obligation to protect workers from psychological harm as they do from physical injuries. For small-to-medium businesses, managing "psychosocial hazards" can feel overwhelming, especially because these risks may seem “invisible”. Things like chronic stress, bullying, or burnout can also seem more tricky to control than your slips, trips and falls. Here is a quick guide to understanding your duties and protecting your team. What is a Psychosocial Hazard? A psychosocial hazard is anything in the design or management of work that increases the risk of psychological harm. Common examples include: Unrealistic workloads, constant tight deadlines, or a lack of role clarity. Bullying, harassment, or a lack of support from supervisors. High-stress customer interactions or dealing with traumatic situations. Left unmanaged, psychosocial hazards lead to high staff turnover, absenteeism, and long-term psychological injury claims. Meeting Your Legal Duties: The 4-Step Process Victorian Safety Legislation require employers to eliminate or reduce psychosocial risks so far as is reasonably practicable usi ng a four-step Risk Management process: Identify Hazards: Look for warning signs like spikes in sick leave. Cruciall y, consult with your staff and Health and Safety Representatives (HSRs) t o find out where the stress points are. Assess Risks: Evaluate how likely these are to cause harm, as well as how severe and frequent these stressors are. Control Risks: Fix the job, not the person. You must change your systems of work to reduce the risk. For example by changing workflows, clarifying job descriptions, balancing workloads, and build a culture where staff can safely speak up. Review Controls: Regularly check back with your team and HSRs to ensure your changes are working. There are WorkSafe Victoria developed tools to help you with each step of the process and we can teach you how to use them... How BeSafe Victoria Can Help We understand that it can be hard to know where to start. You don't have to figure this out alone. At BeSafe Victoria , we specialise in providing the knowledge and skills to manage safety challenges. We run courses for HSRs, but we often have employers and managers attend so that they can understand how to apply the risk management process to psychosocial hazards. We will introduce you to a step-by-step process and provide the resources you need to make sure your workplace is safe. Contact BeSafe Victoria to find out more: HSR Training and support | BeSafe | Regional Victoria

NEW HSR Refresher OHS Training Course - Aggression or Violence

By admin • August 10, 2026
BeSafe Victoria is pleased to announce the upcoming delivery of a new Health and Safety Representative (HSR) Refresher OHS Training Course focused on Aggression and Violence in the workplace . This is a brand new WorkSafe developed training course, which equips HSRs with practical knowledge and skills to address one of the most significant psychosocial hazards facing Victorian workplaces today. Workplace aggression and violence can occur in any industry and the impacts can be both physical and psychological, not only affecting the person directly involved but also those who witness or are exposed to these incidents. Impacts also extend beyond the workplace to affect family and community. The new course explores aggression and violence through a risk management lens, building skills in hazard identification, assessing risks, finding effective controls and in contributing to effective workplace consultation. The training aligns with the growing emphasis on managing psychosocial hazards and reflects contemporary workplace health and safety expectations, including the management of aggression and violence as a workplace risk. The knowledge gained is important in ensuring that legal obligations, including those relating to the Psychological Health Regulations, are met and that workplaces are safe. As always, BeSafe Victoria is committed to providing engaging, practical and relevant training. This new refresher course offers an excellent opportunity for participants to strengthen their knowledge, build confidence in addressing workplace risks and return to their workplaces with practical strategies for supporting safer work environments. Bookings for this new HSR Refresher OHS Training Course on Aggression and Violence will be available soon. To register your interest, go to HSR Training and support | BeSafe | Regional Victoria or email us at info@besafevictoria.com.au  We look forward to helping you create safer, healthier and more respectful workplaces across Victoria.