Written by Julie McLoughlin

Are You Meeting Your OHS Duty of Care Obligations in Victoria?

But the real question is:

👉 Are you confident your business is fully compliant?

Does your business employ staff or engage contractors? If so, you have clear legal responsibilities under the WorkSafe Victoria framework to ensure a safe and healthy workplace.

Many small and medium businesses believe they are meeting their obligations—until an incident, inspection, or audit proves otherwise.

Why OHS Compliance Matters

Under Victorian OHS laws, employers must provide and maintain a working environment that is safe and without risks to health.

Failing to meet these obligations can result in:

  • Significant fines and penalties
  • Workplace injuries or psychological harm
  • Increased workers compensation claims
  • Damage to your business reputation

OHS Compliance Checklist: Are You Covered?

Ask yourself honestly—can you confidently answer YES to all of the following?

Management & Compliance Awareness

Risk Management

  • You have identified your major workplace hazards (including physical and psychological hazards)
  • Controls are in place to eliminate or minimise risks

Policies & Procedures

  • You have a documented Health and Safety Policy
  • Procedures cover:
    • Incident reporting and investigation
    • Hazard identification, risk assessment, and control

Incident Response

  • Employees know how to report incidents and they are investigated
  • You know what to do if a notifiable incident occurs
  • You understand your legal obligations to report to WorkSafe
  • Workers Compensation Insurance is in place and information provided to employees (ie WorkSafe If you are injured poster)

Consultation & Communication

  • You formally consult with employees on health and safety matters
  • Workers and contractors understand and follow your procedures
  • Health and Safety information in clearly communicated
  • Contractors are included in safety processes

Training & Competency

Psychosocial Safety

  • You have policies addressing:
    • Bullying
    • Harassment
    • Discrimination
  • Staff understand acceptable workplace behaviour and reporting and complaints processes
  • You have identified your psychosocial hazards and have an action plan in place to control them

Emergency Preparedness

  • Emergency management plans are in place
  • You have appointed trained wardens (see our Warden Training course)
  • You conduct regular evacuation drills (e.g. fire scenarios)
  • Emergency equipment is available and maintained

Not Sure? You’re Not Alone

If any of these points make you feel uncertain—or even slightly nervous—you’re not alone.

Many Victorian businesses:

  • Have gaps in their safety systems
  • Are unsure of current legal requirements
  • Don’t realise their exposure until it’s too late

How We Can Help

At OHS & HR Management Systems Pty Ltd, we help small business and medium-sized businesses (SMEs):

  • Identify compliance gaps
  • Implement practical OHS systems
  • Meet WorkSafe requirements with confidence
  • Reduce risk and improve workplace safety culture

Take the First Step

If you’re unsure about your compliance, now is the time to act.

👉 Don’t wait for an inspection or incident to highlight the risks.

Contact us today to ensure your business meets its OHS Duty of Care obligations in Victoria. Also ask about our free OHS Essentials Program offer

Frequently Asked Questions

What is an employer’s duty of care in Victoria?
Employers must provide a safe workplace, systems of work, training, and supervision.

Do small businesses need formal OHS systems?
Yes—regardless of size, businesses must manage risks and meet legal obligations.

What happens if I’m not compliant?
You may face fines, prosecution, or increased liability following an incident.

👉 “Is Your Business Compliant with OHS Laws in Victoria?”

Download this free OHS Duty of Care Checklist to identify risks before WorkSafe does.

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