Workplace safety is a fundamental responsibility for every business in Victoria. Employers, managers, and workers all share a duty to ensure that workplaces are safe, hazards are controlled, and risks are effectively managed.

The key legislation that provides this framework is the Occupational Health and Safety Act 2004 (Vic). This Act establishes the duties of employers, employees, and officers, as well as the enforcement powers of WorkSafe Victoria, the state’s workplace health and safety regulator.

This article explores the scope of the OHS Act 2004, the duties it imposes, and practical steps Victorian businesses can take to remain compliant.

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Purpose of the OHS Act 2004 (Victoria)

The Occupational Health and Safety Act 2004 was introduced to:

By clearly outlining duties for all workplace participants, the Act creates consistency and accountability across Victorian industries.

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Who Does the Act Apply To?

The Act applies to all employers, employees, contractors, labour hire workers, apprentices, volunteers (in certain circumstances), and the self-employed.

This means every workplace in Victoria from construction and logistics to healthcare, aged care, and professional services must adopt safe systems of work that protect workers, contractors, visitors, and the community.

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Duties of Employers

Employers hold the primary duty of care under the OHS Act. They must, so far as is reasonably practicable, provide and maintain:

Failure to comply can result in enforcement action, significant penalties, and reputational damage.

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Duties of Employees

Employees also have responsibilities under the Act, including:

Engaging employees in consultation and providing training ensures they understand and meet their obligations.

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Duties of Officers and Leaders

Company officers including directors and senior managers must exercise due diligence to ensure their organisation complies with the Act. This requires:

Leadership commitment is critical to fostering a strong safety culture.

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Consultation and Worker Representation

The OHS Act places strong emphasis on consultation. Employers must consult with employees when identifying hazards, assessing risks, or making decisions about risk controls.

Consultation can occur through:

• Direct discussions.
• Health and Safety Representatives (HSRs) elected by workers.
• Health and Safety Committees.

This collaborative approach ensures safety measures are practical, understood, and effective.

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Risk Management and Incident Reporting

Employers must:

Certain incidents such as fatalities, serious injuries, or dangerous occurrences must be reported immediately to WorkSafe Victoria. Businesses should maintain clear internal procedures for incident reporting and investigation.

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Enforcement and Penalties

WorkSafe Victoria inspectors have authority to:

• Enter workplaces.
• Conduct investigations.
• Issue improvement or prohibition notices.
• Prosecute breaches of the Act.

Penalties can be severe, with significant fines for organisations and individuals, underscoring the importance of compliance.

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Why Compliance Matters in Victoria

Compliance with the OHS Act 2004 provides:

• Legal protection – avoiding penalties and prosecution.
• Safer workplaces – reducing incidents and illnesses.
• Productivity gains – fewer disruptions and downtime.
• Reputation benefits – demonstrating responsibility to workers, clients, and regulators.

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Best Practices for Victorian Businesses

To maintain strong compliance, organisations should:

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Practical Support and Resources

Compliance with the OHS Act 2004 is not achieved through policies alone, it requires access to clear guidance, training, and tools that help businesses apply the law in day-to-day operations. WorkSafe Victoria provides extensive resources, including industry-specific guidance, compliance codes, and advisory services that employers can utilise. By combining these external resources with internal systems such as safety registers, digital reporting tools, and regular training programs, organisations can build practical, sustainable compliance processes that protect both people and business performance.

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Continuous Improvement and Safety Culture

Compliance with the OHS Act 2004 should not be seen as a “tick-box” activity but as part of a continual improvement process. Victorian businesses are encouraged to regularly review their safety systems, audit workplace practices, and update procedures in response to new risks or regulatory changes. Building a proactive safety culture means leaders set the example, supervisors reinforce safe practices, and workers are empowered to raise concerns without fear of reprisal. When continuous improvement is embedded into the business model, safety becomes more than a compliance obligation, it becomes a core value that supports productivity, wellbeing, and long-term success.

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Conclusion

The Occupational Health and Safety Act 2004 (Victoria) provides a clear framework for protecting workers and building safer workplaces. By understanding their duties and embedding safety into daily operations, employers, employees, and officers can reduce risks and prevent harm.

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