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
It has been a long time coming, and the promised released date for Victoria's new Occupational Health and Safety (OHS) Psychological Health Regulations is imminent. These regulations, which are anticipated to be released in October and to come into effect on 1 December 2025 , aim to address the growing recognition of psychosocial hazards in the workplace. What Are Psychosocial Hazards? Psychosocial hazards refer to workplace factors that can negatively impact an individual’s mental health and well-being. These include, but are not limited to: Workplace bullying High job demands or low job control Poor workplace relationships Exposure to traumatic events Discrimination or harassment Such hazards can lead to stress, anxiety, depression, and other mental health challenges, which not only affect individuals but also reduce workplace productivity and morale. They can also lead to catastrophic consequences for some individuals. Why are new Psychosocial Regulations being introduced? The Victorian government has responded to recommendations made by the Boland Review of WHS, the Royal Commission into Victoria’s Mental Health System and the Productivity Commission Inquiry into Mental Health. There is already a legal obligation under the existing Occupational Health and Safety Act 2004 (OHS Act): employers must provide and maintain a working environment for their employees, including contractors, that is safe and without risks to health, so far as reasonably practicable. In addition, in Section 5 of the OHS Act, health is defined as including psychological health. However, there is limited guidance in Victoria as to how this should be done. The new Regulations are intended to close this gap. The new regulations are designed to ensure that employers take proactive steps to identify, assess, and manage psychosocial risks. They will dictate how an employer must identify and control psychosocial risks in the same way that they manage physical hazards. This includes a risk management approach to these hazards and how to implement measures to prevent harm and create a supportive work environment. A Compliance Code will accompany the regulations, providing practical guidance for employers on how to meet their obligations. This will include strategies for risk assessment, consultation with employees, and implementing controls. How Can You Prepare? Review your safety structures in your workplace – do you have elected Health and Safety Representative, Designated Work Groups and Health and Safety Committees - and are they working well? Ensure your reporting and consultation processes are sufficient and working well. Remember that open communication is key and that you have a legal obligation to consult with your employees on any changes which may affect their health and safety in the workplace. Review your existing policies and procedures – are there policies around bullying, harassment and workload management? Make sure your general OHS knowledge base is strong. This might mean looking at your existing training . Are workers, HSR’s, supervisors, managers and the leadership team all up to speed on their rights and obligations under the OHS Act? BeSafe Victoria can help you with HSR training, refreshers and leaders OHS training. HSR Training Courses | BeSafe | Regional Victoria Take a look at Psychological health | WorkSafe Victoria and utilise the WorkWell toolkit at WorkWell Toolkit | WorkSafe Victoria Start to plan how you will implement a training schedule once the Regulations are released. Watch this space – BeSafe will be developing a course to bring you up to speed once we have the Regulations and Compliance Code. Reach out if you are interested in being notified once this is available: HSR Training and support | BeSafe | Regional Victoria As always, if you need any help, reach out to BeSafe on 0467 002 060 or admin@besafevictoria.com.au
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