WorkSafe Victoria: OHS Act 2004 explained for builders

In plain English

Victoria did not adopt the national harmonised WHS laws. Every other state and territory (NSW, QLD, WA, SA, TAS, ACT, NT) operates under a version of the model Work Health and Safety Act 2011. Victoria runs its own framework: the Occupational Health and Safety Act 2004 (OHS Act), administered by WorkSafe Victoria.

The practical effect for builders working in Victoria is that the terminology is different (employers, not PCBUs; employees, not workers; OHS, not WHS), some specific obligations differ, and the enforcement body is WorkSafe rather than SafeWork NSW, WorkSafe QLD, or the Commonwealth’s Comcare. The underlying duty of care, the obligation to manage risk, and the requirement for a SWMS on high-risk construction work are broadly the same.

What it requires

Section 21: Duties of employers to employees

The primary employer duty under s 21 of the OHS Act is to “provide and maintain a working environment that is safe and without risks to health” so far as is reasonably practicable (verified 2026-05-10).

The specific obligations under s 21 include:

Obligation	Scope
Safe plant and systems	Provide and maintain equipment and work systems that are safe and risk-free
Hazard management	Address risks from handling, storage, and transport of plant or substances
Safe workplace conditions	Maintain workplaces under employer control in safe, healthy condition
Welfare facilities	Provide suitable facilities: toilets, lockers, dining areas
Training and supervision	Supply workers with the information, instruction, training, and supervision needed to work safely

Section 22 extends the duty to health monitoring, workplace condition monitoring, record keeping, and providing safety information in appropriate languages.

Section 23 requires employers to protect non-employees at or near the workplace, including subcontractors, visitors, and members of the public. Independent contractors working on a site fall within this duty (verified 2026-05-10).

Maximum penalty for a breach of s 21: 1,800 penalty units for an individual, 9,000 penalty units for a body corporate. At the 2025-26 penalty unit rate of $203.51 per unit, that is approximately $366,318 for an individual and $1,831,590 for a body corporate (verified 2026-05-10).

Source: Occupational Health and Safety Act 2004 (Vic) s 21, legislation.vic.gov.au; Monetary Units Act 2004 (Vic), 2025-26 penalty unit rate $203.51, dtf.vic.gov.au (verified 2026-05-10).

Section 32: Reckless endangerment

Section 32 covers conduct that “recklessly endangers persons at workplaces.” This is the more serious criminal tier, applying where there is conscious disregard for safety or gross negligence creating an obvious and significant danger. Maximum penalties are substantially higher than s 21 breaches (verified 2026-05-10).

Workplace manslaughter (s 39G, from 1 July 2020)

Victoria introduced a workplace manslaughter offence from 1 July 2020 under the Occupational Health and Safety and Other Legislation Amendment Act 2021 (Vic). The offence applies where negligent conduct in breach of OHS Act duties causes a person’s death. It does not create new duties: it attaches tougher penalties to existing ones.

Maximum penalties:

Individuals: up to 25 years imprisonment
Body corporates: up to $16.5 million

Employees and volunteers are excluded from the manslaughter charge (unless they also hold officer status). Source: WorkSafe Victoria, Victoria’s new workplace manslaughter offences (verified 2026-05-10).

Notifiable incidents (sections 37 to 39)

What must be notified

An employer or self-employed person must notify WorkSafe immediately on becoming aware of a notifiable incident:

A workplace death
A serious injury or illness requiring immediate hospital admission, or involving amputation, spinal injury, serious head or eye injury, electric shock, or loss of a bodily function
Exposure to a serious risk from an uncontrolled escape, spill, or leak of a substance (including dangerous goods), explosion, fire, plant failure (scaffolds, lifting equipment, pressure plant), building or structure collapse, or excavation failure

Source: WorkSafe Victoria, Notifiable incidents under the OHS Act 2004 (verified 2026-05-10).

How to notify

Phone WorkSafe immediately on 13 23 60 as soon as you become aware of the incident.
Written notification within 48 hours using the Incident Notification Form.
Keep a copy of the written notification for at least 5 years.

Do not disturb the scene

Under s 39, the site of a notifiable incident must remain undisturbed until a WorkSafe inspector directs otherwise. Exception: you may disturb the scene to protect people, assist injured persons, or make the site safe to prevent a further incident. Non-disturbance notices cannot exceed 7 days.

High-risk construction work and SWMS in Victoria

Victoria’s equivalent of the national HRCW list sits in reg 322 of the Occupational Health and Safety Regulations 2017 (Vic), with 19 categories (the national model list in other states has 18). The SWMS obligation in Victoria is set out in reg 327.

Key practical points:

A SWMS must be prepared before HRCW starts.
The SWMS must identify the HRCW, the hazards, the controls, and the person responsible for each control.
Workers and their health and safety representatives must be consulted in preparing the SWMS.
If the SWMS is not being followed, work must stop until it is complied with or revised.
The SWMS must be reviewed and revised whenever the work changes or an incident occurs.

The fall-from-height trigger in Victoria is the same as the national model: any work where a person can fall more than 2 m triggers the SWMS requirement.

Source: WorkSafe Victoria, Safe Work Method Statements (SWMS) (verified 2026-05-10).

What it doesn’t cover

WHS Act jurisdiction: the national Work Health and Safety Act 2011 does not apply in Victoria for private-sector employers. If you operate in multiple states, the law that applies is the law of the state where the work is performed.
Commonwealth employees and contractors: workers employed under Commonwealth contracts (federal government construction, etc.) may fall under the Commonwealth WHS Act, not the Victorian OHS Act.
Codes of practice: Victoria does not have “codes of practice” in the same sense as harmonised jurisdictions. Instead, WorkSafe issues compliance codes and guidance material. These carry similar practical weight (demonstrating compliance with a compliance code is evidence of compliance with the OHS Act duty), but they are structurally different instruments.
PCBU terminology: the OHS Act uses “employer” and “employee,” not PCBU and worker. A principal contractor on a Victorian site is the “employer” for s 21 purposes; subcontractors owe duties to their own employees, and the principal owes duties to non-employees under s 23.

How Victoria differs from the harmonised WHS states

Issue	Victoria (OHS Act 2004)	Harmonised states (WHS Act 2011)
Regulator	WorkSafe Victoria	SafeWork NSW, WorkSafe QLD, etc.
Primary legislation	OHS Act 2004 (Vic)	WHS Act 2011 (state equivalent)
Duty holder label	Employer / employee	PCBU / worker
Codes of practice	Compliance codes (OHS Act)	Codes of practice (WHS Act)
Right to cease unsafe work	Via HSR only (no individual right)	Individual worker right to cease
Manufacturer / supplier duties	Implied under general duty; no explicit provision	Explicit duty in WHS Act
HRCW categories	19 (OHS Reg 322)	18 (model WHS Reg 291)
Workplace manslaughter	Yes, from 1 July 2020 (s 39G)	Varies by jurisdiction

Sources: Safe Work Australia, Legislation (verified 2026-05-10); WorkSafe Victoria, OHS Act and Regulations (verified 2026-05-10).

WorkSafe inspector powers

WorkSafe inspectors have legislated authority to:

Enter any place they reasonably believe is a workplace, at any time during working hours or when they believe an immediate risk exists.
Inspect premises, examine and copy documents, seize evidence, take photographs, and take samples.
Issue improvement notices (fix a non-compliance by a specified date).
Issue prohibition notices (halt activities when an immediate risk exists, until the risk is controlled).
Issue infringement notices for prescribed offences: up to 10 penalty units or one-fifth of the maximum penalty, whichever is less (from 31 July 2021).
Apply to a magistrate for a search warrant.
Direct that an incident scene not be disturbed.

Source: WorkSafe Victoria, WorkSafe inspectors and enforcement (verified 2026-05-10).

Practical implications for Victorian builders

If you operate only in Victoria: your safety obligations run under the OHS Act 2004, not the WHS Act. Your regulator is WorkSafe Victoria (13 23 60). The terminology in your safety plans, SWMS documents, and contracts should use “employer” and “employee” in line with Victorian law, though the practical obligations are very similar to the national framework.

If you operate across state borders: you need to track which law applies where. Working on a site in NSW puts you under the NSW WHS Act and SafeWork NSW; crossing back into Victoria puts you under the OHS Act and WorkSafe. Your SWMS template and incident reporting processes may need to accommodate both.

Notifiable incidents: do not wait for an investigation to decide whether an incident is “serious enough” to notify. If there is any doubt, phone WorkSafe on 13 23 60 immediately. Failure to notify is an offence. The 48-hour written notice window is a minimum; most builders call in the same day.

SWMS on Victorian sites: your SWMS obligations track reg 322 (19 categories), not the 18-category national list. For most residential work the practical difference is minor: fall from height, confined spaces, trenches, demolition, asbestos, and structural alteration are all on both lists. Check reg 322 directly if you are unsure whether an activity you are planning is on the Victorian list.

Workplace manslaughter: the offence has been active since 1 July 2020. WorkSafe completed 137 prosecutions and enforceable undertakings in 2025, totalling $17.4 million in penalties. Source: WorkSafe Victoria, More than $17 million in penalties for unsafe work in 2025 (verified 2026-05-10).

Source link

WorkSafe Victoria, Occupational Health and Safety Act and Regulations (verified 2026-05-10)
Occupational Health and Safety Act 2004 (Vic), legislation.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, Notifiable incidents under the OHS Act 2004 (verified 2026-05-10)
WorkSafe Victoria, WorkSafe inspectors and enforcement (verified 2026-05-10)

References

WorkSafe Victoria, Summary of the OHS Act 2004: General OHS Duties, worksafe.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, Notifiable incidents under the OHS Act 2004, worksafe.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, Victoria’s new workplace manslaughter offences, worksafe.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, WorkSafe inspectors and enforcement: OHS Act 2004, worksafe.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, Safe Work Method Statements (SWMS), worksafe.vic.gov.au (verified 2026-05-10)
Department of Treasury and Finance Victoria, Indexation of fees and penalties, dtf.vic.gov.au (verified 2026-05-10)
Safe Work Australia, Legislation, safeworkaustralia.gov.au (verified 2026-05-10)
Occupational Health and Safety Act 2004 (Vic), legislation.vic.gov.au (verified 2026-05-10)
Occupational Health and Safety Regulations 2017 (Vic), reg 322, 327, legislation.vic.gov.au (verified 2026-05-10)
WorkSafe Victoria, More than $17 million in penalties for unsafe work in 2025, worksafe.vic.gov.au (verified 2026-05-10)