Enforcement policies and activities

About WorkSafe's enforcement activity

WorkSafe's enforcement activities aim to:

• deter non-compliance with Victoria's health and safety laws to prevent workplace and work-related deaths, injuries, and disease
• promote the highest level of protection to persons against risk to their health and safety that is reasonably practicable through good OHS values and practices and, where relevant, organisational rehabilitation
• encourage compliance and to support Victoria's accident compensation system.

Investigations and prosecutions by WorkSafe may be commenced whether or not a breach has resulted in death, injury or disease.

Key enforcement activities include:

• investigating incidents and alleged offences under the Acts and Regulations it administers
• conducting prosecutions of offences under Victoria's health and safety laws and compensation laws
• conducting litigation and appeals arising from inspector and administrative decisions.

WorkSafe directs considerable resources to workplaces and industries with a high incidence or risk of injury or disease. This is fundamental to achieving safer workplaces.

Compliance and Enforcement Policy

• WorkSafe's compliance and enforcement policy details what considerations apply to WorkSafe's enforcement and prosecution activities, and how WorkSafe applies its 'constructive compliance strategy'.
• WorkSafe's general prosecution guidelines provide information about prosecution of offences under Victoria's health and safety and compensation laws.
• WorkSafe's Mandatory investigation request form - Section 131 form allows an individual, a body corporate or an unincorporated body or association and a partnership to make a request under section 131 of the OHS Act 2004.

Laws and regulations

WorkSafe administers a number of Acts and Regulations in Victoria.

Prosecutions

WorkSafe is responsible for prosecuting breaches of the Occupational Health and Safety Act 2004, the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Equipment (Public Safety Act) 1994, Workplace Injury Rehabilitation and Compensation Act 2013, and the regulations made under each Act.