Legislation Overview
OHS Act 2004 (Vic)
Victoria's primary occupational health and safety legislation. Unlike other states, Victoria has not adopted the harmonised model WHS Act and retains its own framework with employer/employee terminology.
OHS Regulations 2017 (Vic)
Detailed regulations covering hazardous substances, plant, manual handling, noise, confined spaces, lead, asbestos, and workplace amenities.
Workplace Manslaughter — Crimes Act 1958
Victoria was the first Australian state to criminalise workplace manslaughter in July 2020. Maximum penalty of 25 years imprisonment for individuals and $18,146,200 for body corporates.
Key Differences from Harmonised WHS
OHS Act, not WHS Act
Victoria has not adopted the harmonised WHS Act. It retains its own Occupational Health and Safety Act 2004 with different terminology and structure.
First workplace manslaughter laws
Victoria was the first Australian state to introduce workplace manslaughter as a specific offence in July 2020 under the Crimes Act 1958.
Different terminology
Uses "employer/employee" rather than "PCBU/worker". Duties attach to employers rather than persons conducting a business or undertaking.
WorkSafe Victoria enforcement
WorkSafe Victoria has a reputation for proactive enforcement with a focus on enforceable undertakings and prosecution of serious offences.
Penalty Structure
| Offence Category | Body Corporate | Individual / Officer |
|---|---|---|
| Category 1 — Reckless conduct | $3,618,000 | $362,040 and/or 5 years imprisonment |
| Category 2 — Failure to comply (risk of serious injury) | $1,809,000 | $362,040 |
| Category 3 — Failure to comply (general) | $603,000 | $120,840 |
| Workplace Manslaughter (Crimes Act 1958) | $18,146,200 | 25 years imprisonment |
Key Compliance Requirements
Employers must provide and maintain a working environment that is safe and without risks to health, so far as is reasonably practicable.
Employees must take reasonable care for their own health and safety and cooperate with their employer.
Officers of a body corporate must exercise due diligence to ensure the body corporate complies with the OHS Act.
Identification, assessment, and control of risks from hazardous substances including health monitoring and atmospheric monitoring.
Design, manufacture, supply, and use of plant. Registration of prescribed plant items.
Identifying and managing risks associated with manual handling tasks that may cause musculoskeletal disorders.
Preventing hearing loss from noise at work. Exposure standard: LAeq,8h of 85 dB(A).
How EHS Atlas Maps to Victorian Requirements
Hazardous substance register
Chemical Vault
Centralised SDS management with GHS classification and auto-expiry alerts for Victorian compliance.
Risk assessments (s.21 duty)
Risk Matrix Engine
Configurable risk matrices aligned with Victorian OHS risk management requirements.
Officer due diligence (s.28)
Executive Dashboard
Real-time compliance visibility for officers meeting their due diligence obligations.
Noise & exposure monitoring
Exposure Monitoring
Track audiometric testing, noise dosimetry, and personal exposure monitoring records.
Incident reporting
Incident Register
WorkSafe Victoria notification workflows with automated report generation.
Training & competency
Training Matrix
Manage OHS inductions, high-risk work licences, and competency renewals.
Stay compliant in Victoria
EHS Atlas maps every WorkSafe Victoria requirement to a module you can action today.
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