Understanding The OHS Act 2004: Compliance Guide For Victorian Businesses

The health and safety of your team sits at the heart of every successful Victorian business. Looking after people isn’t just good leadership - it’s a legal requirement under the Occupational Health and Safety Act 2004 (OHS Act 2004).

If you’re launching or running a business in Victoria, getting across your OHS duties early will help you build a safer workplace, avoid penalties and interruptions, and create a culture where your team can do their best work.

In this guide, we break down the OHS Act 2004 in plain English, outline who has responsibilities, and give you a practical, step-by-step process to stay compliant day-to-day.

What Is The OHS Act 2004?

The Occupational Health and Safety Act 2004 is the main health and safety law in Victoria. Its core objective is to protect the health, safety and welfare of people at work, and of others who may be affected by work activities.

Broadly, the Act imposes duties on key duty holders - including employers, self‑employed people, people who manage or control workplaces, and those who design, manufacture or supply plant and substances - to ensure work is safe “so far as is reasonably practicable.” Workers also have responsibilities to take reasonable care for their own safety and that of others.

“Reasonably practicable” means considering the likelihood of a risk, the degree of harm, what you know (or ought reasonably to know) about the risk and ways to control it, the availability and suitability of controls, and the cost of those controls in the context of the risk. In practice, if a control is effective and proportionate to the risk, you should implement it.

Why Compliance With The OHS Act Matters

Strong OHS practices reduce injuries, lower absenteeism, and lift productivity. They also demonstrate to your team and clients that safety is part of how you do business.

On the legal side, WorkSafe Victoria can investigate incidents and compliance concerns. Breaches of the OHS Act can lead to improvement or prohibition notices, prosecution and significant penalties. In serious cases, charges can be criminal in nature.

Importantly, the OHS Act’s general duties apply regardless of business size. Whether you employ two people or two hundred, you need to manage risks and keep records to show what you’ve done. If you’re unsure how the primary duty applies in your context, it helps to revisit your overarching duty of care as an employer.

Who Has Duties Under The OHS Act 2004?

The OHS framework assigns responsibilities to several groups. Understanding where you fit helps you focus effort where it matters most.

Employers

If you employ people, you must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health. This includes safe systems of work, a safe workplace and facilities, information, instruction, training and supervision, and monitoring the health of employees and workplace conditions.

You must also consult with employees (and any elected health and safety representatives) on matters that directly affect their health and safety - for example, when identifying hazards, deciding on controls, or introducing new equipment or processes.

Self-Employed People

Self‑employed people must ensure, so far as is reasonably practicable, that their work does not expose themselves or others to risks to health and safety. Even if you don’t have staff, you still need a systematic approach to hazard management.

Persons Who Manage Or Control Workplaces

Landlords, tenants, head contractors or other persons in management or control of a workplace must ensure that the workplace and the means of entering and leaving it are safe and without risks to health, so far as is reasonably practicable.

Designers, Manufacturers, Importers And Suppliers

Those who design, manufacture, import or supply plant (equipment) or substances for use at work must ensure they are safe and without risks when used for a purpose for which they were designed, and must provide adequate information about any residual risks and proper use.

Employees (Workers)

Employees must take reasonable care for their own health and safety and for the health and safety of others who may be affected by their acts or omissions. They must cooperate with any reasonable instruction and comply with policies and procedures.

Company Officers

In Victoria, the OHS Act 2004 does not impose a separate, positive “due diligence” duty on officers (unlike some model WHS laws in other jurisdictions). However, officers can be prosecuted where an offence by a company occurred with their consent or connivance, or was attributable to their neglect. Practically, officers should ensure appropriate resources and systems are in place so the company meets its OHS duties.

Step-By-Step Compliance Guide For Victorian Businesses

OHS compliance isn’t a one-off task. It’s an ongoing way of working. Use these steps to build and keep a robust safety system that scales with your business.

1) Map Your Risks (Hazard Identification)

Start with a simple, structured review of your work activities and environment. Consider physical hazards (machinery, vehicles, slips and trips), chemical hazards (cleaning agents, dust), biological hazards (infection risks), and psychosocial hazards (workload, bullying, occupational violence).

Walk the floor, talk to your team, review past incidents and near misses, and inspect equipment and maintenance logs. Document what you find in a risk register and keep it current.

2) Assess And Control Those Risks

For each hazard, assess how likely harm is and how severe it could be. Then control the risk using the hierarchy of control - eliminate the hazard where possible, or otherwise substitute, isolate, use engineering controls, administrative controls and personal protective equipment (in that order of priority).

“Reasonably practicable” doesn’t mean “perfect.” It means proportionate, effective controls based on the risk level and what you know. Record your chosen controls and the reasons you adopted them.

3) Consult With Your Workers

Consultation is a legal requirement and a practical advantage. Involve your team when identifying hazards, deciding on controls and developing procedures. If you have a health and safety representative, ensure they are included and supported. Consultation records are important evidence that you’ve met your duties.

4) Put Clear Policies, Procedures And Training In Place

Write down how work is done safely. This includes safe work procedures, incident reporting, emergency response, consultation processes and issue resolution steps. Tailor policies to your actual operations - generic templates rarely fit well and can create gaps.

Train everyone on the policies relevant to their role and keep reliable training records. Induction should cover core safety expectations, and refresher training should occur when changes happen or at scheduled intervals. If you’re building out your onboarding, ensure your Employment Contract and safety induction work together so expectations are clear from day one. For deeper guidance, consider your obligations around training employees.

5) Manage Psychosocial Risks

Work-related stress, fatigue, bullying, harassment and occupational violence are real risks that must be managed like any other hazard. Build prevention into workloads, rostering, role clarity and supervision, and set out reporting and support pathways in your policies. It’s also worth aligning with your Fair Work responsibilities around employee mental health.

6) Maintain Plant, Equipment And Facilities

Keep equipment in safe working order through scheduled maintenance. Ensure guards and safety features are functional and not overridden. Provide first aid facilities, amenities (like clean drinking water and toilets) and safe access/egress. Keep maintenance and inspection records.

7) Monitor, Investigate And Improve

Encourage reporting of hazards and near misses. Investigate incidents to find root causes, not blame. Update your risk controls and procedures as you learn more, and check whether changes are working. Periodic audits or safety walks can help you stay proactive.

8) Keep The Right Records

Well-kept records show you’re managing OHS risks. Typical records include your risk register, training and induction logs, consultation records, maintenance schedules, contractor management documentation, and incident reports. If those records contain personal or health information, make sure your Privacy Policy and internal practices are up to standard.

What Documents And Policies Should You Have?

Your safety system is only as strong as the documents and training that support it. The right suite - tailored to your business - will help you meet your duties and prove compliance if WorkSafe makes enquiries.

• OHS Policy: Your overarching commitment to health and safety, responsibilities at each level, and how you meet your legal duties.
• Risk Register And Safe Work Procedures: A live record of hazards, risk assessments, chosen controls, and step‑by‑step procedures for high‑risk tasks.
• Consultation And Communication Procedures: How you involve employees and any health and safety representatives when making decisions affecting safety.
• Incident Reporting And Investigation Forms: Clear reporting channels, investigation templates, corrective action tracking and retention rules - especially important for notifiable incidents. If an incident involves a client or third party, it helps to standardise your injury report process.
• Emergency Management Plan: Evacuation procedures, first aid arrangements, wardens and drills.
• Training And Induction Records: Who received which training, when and by whom, plus competency checks where relevant.
• Workplace Policies: Practical policies that support safe behaviour and culture (for example, fatigue, drugs and alcohol, bullying and harassment, issue resolution). If you’re building your suite, a tailored Workplace Policy framework or a broader Staff Handbook Package helps keep everything consistent.
• Contractor Management Documents: Contractor vetting, scope of work, inductions, and verification that contractors will meet your safety standards.
• Plant And Equipment Records: Inspection and maintenance logs, pre‑start checklists, and manuals.

Every workplace is different. A café’s documentation will look different to a manufacturing site or clinic. The key is to make sure your documents match your actual risks and practices - WorkSafe will look for that alignment.

How To Handle Incidents And WorkSafe Notifications

Even with strong prevention, incidents can happen. Being prepared will help you respond quickly, meet legal reporting requirements and reduce the chance of repeat issues.

What Is A Notifiable Incident?

Under the OHS Act 2004, certain serious incidents must be notified to WorkSafe Victoria immediately, and the incident site must be preserved (so far as is safe) until an inspector directs otherwise. Notifiable incidents typically involve a death, a serious injury or illness, or a dangerous incident (for example, an uncontrolled escape of a substance or a collapse of plant).

Immediate Response Steps

• Provide first aid and call emergency services if required.
• Make the area safe to prevent further harm.
• Preserve the incident site for inspection if it’s a notifiable incident (unless you need to disturb it to assist an injured person or make the site safe).
• Notify WorkSafe Victoria without delay if notification is required.
• Record the incident, investigate root causes and implement corrective actions.
• Consult with affected workers and communicate learnings.

After the immediate response, review your risk controls, safe work procedures and training to address any gaps. Where the incident reveals systemic issues, consider whether your broader safety management system needs updating.

Common Compliance Pitfalls (And How To Avoid Them)

We often see the same avoidable issues crop up across industries. Here are the big ones - and how to steer clear of them.

• Generic paperwork that doesn’t reflect your work: Tailor your policies and procedures to the actual risks in your business. If it’s not how you work in practice, it won’t help you in an audit - and it won’t protect your people.
• Insufficient training and supervision: Induct thoroughly, verify competency and refresh regularly - especially when equipment, processes or personnel change. Align safety induction with your Employment Contract so responsibilities are clear.
• Poor consultation practices: Consultation is required by law and helps you find problems early. Document how you’ve consulted and the decisions you’ve made.
• Neglecting psychosocial hazards: Workload, fatigue and bullying risks need deliberate controls - not just a policy on paper. Link your prevention approach with your obligations around mental health support.
• Missing or late WorkSafe notifications: Know what a “notifiable incident” looks like and build notification steps into your incident procedure so nothing is missed.
• Recordkeeping gaps: If it’s not written down, it’s hard to prove. Keep clean, accessible records for risk assessments, training, inspections, maintenance and consultation.

How OHS Interacts With Other Business Laws

Safety compliance rarely sits in a silo. It intersects with a range of other obligations you manage as an employer and business owner.

• Employment And Industrial Relations: Rostering, workload, consultation and supervision obligations under workplace laws influence safety outcomes.
• Privacy And Health Information: Incident reports, training records and fitness-for-work information often include personal or health data. Make sure your Privacy Policy and internal access controls reflect the sensitivity of those records.
• Contractor And Supplier Management: Contracts should set clear safety expectations, induction requirements and verification processes, especially for higher-risk work.
• Internal Communications: Clarity around roles, reporting lines and processes supports compliance. Review any internal protocols against your obligations under workplace communication legislation.

Keeping these frameworks aligned reduces duplication and makes it easier for your team to follow the rules in day-to-day operations.

Key Takeaways

• The OHS Act 2004 sets out broad, continuous duties for Victorian employers, self‑employed people and others to manage risks “so far as is reasonably practicable.”
• Focus on a living safety system: identify hazards, assess and control risks, consult with your team, train and supervise properly, and keep reliable records.
• Policies and procedures should reflect how work is done in your business. Back them up with training, supervision, maintenance and audits.
• Be ready for incidents: know what is notifiable, how to preserve the site and how to investigate and fix root causes.
• Safety compliance links to other areas like employment, privacy and contractor management - align your documents, including your Workplace Policy suite and Privacy Policy, so your team has one clear way of working.
• Officers in Victoria don’t have a separate “due diligence” duty under the OHS Act, but they can be liable for company offences where their consent, connivance or neglect is involved - good governance and resourcing still matter.

If you would like a consultation on setting up or reviewing your OHS compliance as a Victorian business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.