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

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