Victoria Occupational Health and Safety Act 2004
Victoria's occupational health and safety statute: the general duties of employers, self-employed persons, employees, persons who manage or control workplaces, designers, manufacturers, suppliers and installers; consultation; incident notification and site preservation; workplace manslaughter; employee representation (designated work groups, health and safety representatives, committees, issue resolution); inspectors, notices and compliance codes.
Victoria Occupational Health and Safety Act 2004 is a compliance framework from Australia: Victoria with 12 domains and 139 controls. The largest domains are Part 7: Representation of employees – Victoria Occupational Health and Safety Act 2004 (43 controls), Part 3: General duties relating to health and safety – Victoria Occupational Health and Safety Act 2004 (33 controls), Part 9: Inspectors and enforcement – Victoria Occupational Health and Safety Act 2004 (18 controls). Every control below carries what it requires and what an assessor expects to see.
Framework summaries on this platform are AI-assisted interpretations for educational and compliance planning purposes. They do not reproduce or replace the official standards. Refer to the authoritative source for the definitive text. Framework names and trademarks belong to their respective organisations.
Framework Domains (12)
Part 11: Legal proceedings – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s144 | s 144 Officers of bodies corporate must take reasonable care to prevent contraventions |
| victoria-occupational-health-and-safety-act-2004::s145 | s 145 Officers of partnerships and unincorporated bodies must take reasonable care |
Part 11A: Insurance and indemnity for pecuniary penalties prohibited – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s148B-1 | s 148B(1) and (2) Do not enter into insurance or indemnity for OHS penalties |
| victoria-occupational-health-and-safety-act-2004::s148B-3 | s 148B(3) Do not receive a benefit under a penalty insurance or indemnity term |
| victoria-occupational-health-and-safety-act-2004::s148B-4 | s 148B(4) Do not provide a benefit under a penalty insurance or indemnity term |
Part 13: Other matters – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s151A-4 | s 151A(4) Non-WorkCover employers must pay quarterly contributions on time |
| victoria-occupational-health-and-safety-act-2004::s151A-6 | s 151A(6) and (7) Lodge contribution returns with a supporting statutory declaration |
| victoria-occupational-health-and-safety-act-2004::s151B-2 | s 151B Lodge employment and OHS returns within 30 days of each interval |
| victoria-occupational-health-and-safety-act-2004::s151C-2 | s 151C Provide further information to the Authority within 30 days of a notice |
| victoria-occupational-health-and-safety-act-2004::s151D-2 | s 151D Explain data collection systems to the Authority within 30 days |
| victoria-occupational-health-and-safety-act-2004::s151E-2 | s 151E Change data handling when the Authority requires it |
| victoria-occupational-health-and-safety-act-2004::s153-1 | s 153(1) Do not give false or misleading information |
| victoria-occupational-health-and-safety-act-2004::s153-2 | s 153(2) Flag and correct false or misleading documents when producing them |
Part 2: The Authority – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s16 | s 16 Do not contravene an enforceable undertaking given to the Authority |
| victoria-occupational-health-and-safety-act-2004::s9 | s 9 Comply with an Authority notice to give information or produce documents |
Part 3: General duties relating to health and safety – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s21-1 | s 21(1) Provide and maintain a safe working environment for employees |
| victoria-occupational-health-and-safety-act-2004::s21-2-a | s 21(2)(a) Provide and maintain safe plant and systems of work |
| victoria-occupational-health-and-safety-act-2004::s21-2-b | s 21(2)(b) Arrangements for safe use, handling, storage and transport of plant and substances |
| victoria-occupational-health-and-safety-act-2004::s21-2-c | s 21(2)(c) Maintain workplaces under the employer's control in a safe condition |
| victoria-occupational-health-and-safety-act-2004::s21-2-d | s 21(2)(d) Provide adequate welfare facilities for employees |
| victoria-occupational-health-and-safety-act-2004::s21-2-e | s 21(2)(e) Provide necessary information, instruction, training and supervision |
| victoria-occupational-health-and-safety-act-2004::s21-3 | s 21(3) Extend employer duties to independent contractors and their employees |
| victoria-occupational-health-and-safety-act-2004::s22-1-a | s 22(1)(a) Monitor the health of employees |
| victoria-occupational-health-and-safety-act-2004::s22-1-b | s 22(1)(b) Monitor conditions at workplaces under the employer's control |
| victoria-occupational-health-and-safety-act-2004::s22-1-c | s 22(1)(c) Inform employees about health and safety, including who to contact |
| victoria-occupational-health-and-safety-act-2004::s22-2-a | s 22(2)(a) Keep information and records about employee health and safety |
| victoria-occupational-health-and-safety-act-2004::s22-2-b | s 22(2)(b) Employ or engage suitably qualified OHS advisers |
| victoria-occupational-health-and-safety-act-2004::s23 | s 23 Protect persons other than employees from risks from the undertaking |
| victoria-occupational-health-and-safety-act-2004::s24 | s 24 Self-employed persons: protect others from risks from the undertaking |
| victoria-occupational-health-and-safety-act-2004::s25-1-a | s 25(1)(a) Employees: take reasonable care for own health and safety |
| victoria-occupational-health-and-safety-act-2004::s25-1-b | s 25(1)(b) Employees: take reasonable care for others affected by their acts or omissions |
| victoria-occupational-health-and-safety-act-2004::s25-1-c | s 25(1)(c) Employees: co-operate with the employer's compliance actions |
| victoria-occupational-health-and-safety-act-2004::s25-2 | s 25(2) Employees: do not interfere with or misuse safety provisions |
| victoria-occupational-health-and-safety-act-2004::s26 | s 26 Persons with management or control of workplaces: safe workplace and access |
| victoria-occupational-health-and-safety-act-2004::s27-1-a | s 27(1)(a) Designers of plant: design for safe use |
| victoria-occupational-health-and-safety-act-2004::s27-1-b | s 27(1)(b) Designers of plant: carry out necessary testing and examination |
| victoria-occupational-health-and-safety-act-2004::s27-1-c | s 27(1)(c) Designers of plant: give adequate information with the design |
| victoria-occupational-health-and-safety-act-2004::s27-1-d | s 27(1)(d) Designers of plant: give information to users on request |
| victoria-occupational-health-and-safety-act-2004::s28 | s 28 Designers of buildings or structures: design for safe workplace use |
| victoria-occupational-health-and-safety-act-2004::s29-1-a | s 29(1)(a) Manufacturers: manufacture plant or substances to be safe |
| victoria-occupational-health-and-safety-act-2004::s29-1-b | s 29(1)(b) Manufacturers: carry out necessary testing and examination |
| victoria-occupational-health-and-safety-act-2004::s29-1-c | s 29(1)(c) Manufacturers: give adequate information with the plant or substance |
| victoria-occupational-health-and-safety-act-2004::s29-1-d | s 29(1)(d) Manufacturers: give information to users on request |
| victoria-occupational-health-and-safety-act-2004::s30-1-a | s 30(1)(a) Suppliers: ensure supplied plant or substances are safe |
| victoria-occupational-health-and-safety-act-2004::s30-1-b | s 30(1)(b) Suppliers: give adequate information with plant or substances |
| victoria-occupational-health-and-safety-act-2004::s30-1-c | s 30(1)(c) Suppliers: give information to users on request |
| victoria-occupational-health-and-safety-act-2004::s31 | s 31 Installers, erectors and commissioners of plant: no unsafe installation |
| victoria-occupational-health-and-safety-act-2004::s32 | s 32 Do not recklessly endanger persons at workplaces |
Part 4: Duty of employers to consult – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s35-1-a | s 35(1)(a) Consult when identifying or assessing hazards or risks |
| victoria-occupational-health-and-safety-act-2004::s35-1-b | s 35(1)(b) Consult when deciding measures to control risks |
| victoria-occupational-health-and-safety-act-2004::s35-1-c | s 35(1)(c) Consult when deciding the adequacy of welfare facilities |
| victoria-occupational-health-and-safety-act-2004::s35-1-d | s 35(1)(d) Consult on procedures for issue resolution, consultation, monitoring and information and training |
| victoria-occupational-health-and-safety-act-2004::s35-1-e | s 35(1)(e) Consult when deciding health and safety committee membership |
| victoria-occupational-health-and-safety-act-2004::s35-1-f | s 35(1)(f) Consult on proposed changes to workplaces, plant, substances or work conduct |
| victoria-occupational-health-and-safety-act-2004::s35-1-g | s 35(1)(g) Consult on any other matter prescribed by the regulations |
| victoria-occupational-health-and-safety-act-2004::s35-2 | s 35(2) Extend consultation to independent contractors and their employees |
| victoria-occupational-health-and-safety-act-2004::s35-3-a | s 35(3)(a) Consultation manner: share information on the matter |
| victoria-occupational-health-and-safety-act-2004::s35-3-b | s 35(3)(b) Consultation manner: give a reasonable opportunity to express views |
| victoria-occupational-health-and-safety-act-2004::s35-3-c | s 35(3)(c) Consultation manner: take employee views into account |
| victoria-occupational-health-and-safety-act-2004::s35-4 | s 35(4) Involve the health and safety representative in consultation |
| victoria-occupational-health-and-safety-act-2004::s35-5 | s 35(5) Follow agreed consultation procedures |
| victoria-occupational-health-and-safety-act-2004::s35A-2 | s 35A Labour hire: consult, co-operate and co-ordinate with other duty holders |
Part 5: Duties relating to incidents – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s38-1 | s 38(1) Notify the Authority immediately of a notifiable incident |
| victoria-occupational-health-and-safety-act-2004::s38-3 | s 38(3) Give the Authority a written incident record within 48 hours |
| victoria-occupational-health-and-safety-act-2004::s38-4 | s 38(4) Keep the incident record for at least 5 years and make it available |
| victoria-occupational-health-and-safety-act-2004::s39 | s 39 Preserve the incident site until an inspector arrives or directs |
Part 5A: Workplace manslaughter – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s39G-1 | s 39G(1) Do not engage in negligent conduct that breaches an applicable duty and causes death |
| victoria-occupational-health-and-safety-act-2004::s39G-2 | s 39G(2) Officers: do not engage in negligent conduct causing death through the entity's breach |
Part 6: Licences, registration, permits and other requirements – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s40-1 | s 40(1) Do not conduct an undertaking at an unlicensed or unregistered workplace |
| victoria-occupational-health-and-safety-act-2004::s40-2 | s 40(2) Do not use unlicensed or unregistered plant |
| victoria-occupational-health-and-safety-act-2004::s40-3 | s 40(3) Do not use an unlicensed or unregistered substance |
| victoria-occupational-health-and-safety-act-2004::s40-4 | s 40(4) Do not carry out work requiring a licence or registration without one |
| victoria-occupational-health-and-safety-act-2004::s41 | s 41 Do not carry out work without prescribed qualifications, experience or supervision |
| victoria-occupational-health-and-safety-act-2004::s42 | s 42 Do not carry out work without a required permit or certificate of competency |
Part 7: Representation of employees – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s43-3 | s 43(3) Start DWG negotiations within 14 days of an employee request |
| victoria-occupational-health-and-safety-act-2004::s44-1 | s 44(1) and (6) Keep DWG negotiations and agreements to the permitted particulars |
| victoria-occupational-health-and-safety-act-2004::s44-2 | s 44(2) Establish the agreed DWGs by written notice to employees |
| victoria-occupational-health-and-safety-act-2004::s44-4 | s 44(3) and (4) Vary a DWG agreement by written notice |
| victoria-occupational-health-and-safety-act-2004::s45-2 | s 45 Give effect to an inspector's determination of unresolved DWG particulars |
| victoria-occupational-health-and-safety-act-2004::s46 | s 46 Take the prescribed matters into account in DWG negotiations |
| victoria-occupational-health-and-safety-act-2004::s48-1 | s 48(1) and (6) Limit multi-employer DWG negotiations to the permitted particulars |
| victoria-occupational-health-and-safety-act-2004::s48-2 | s 48(2) Employers establish multi-employer DWGs by written notice |
| victoria-occupational-health-and-safety-act-2004::s48-4 | s 48(3) and (4) Vary a multi-employer DWG agreement by written notice |
| victoria-occupational-health-and-safety-act-2004::s49 | s 49 Weigh the prescribed matters in multi-employer DWG negotiations |
| victoria-occupational-health-and-safety-act-2004::s50-2 | s 50 Have regard to Authority guidelines in multi-employer negotiations |
| victoria-occupational-health-and-safety-act-2004::s51-2 | s 51 Renegotiate when a party withdraws from a multi-employer DWG agreement |
| victoria-occupational-health-and-safety-act-2004::s53 | s 53 Do not coerce anyone over DWG requests, negotiations or representation |
| victoria-occupational-health-and-safety-act-2004::s54 | s 54 HSR elections by DWG members under the prescribed procedure |
| victoria-occupational-health-and-safety-act-2004::s57 | s 57 Deputy HSRs: election, acting powers and equal treatment |
| victoria-occupational-health-and-safety-act-2004::s60-4-a | s 60(4)(a) Employee who receives a PIN must tell their employer |
| victoria-occupational-health-and-safety-act-2004::s60-4-b-i | s 60(4)(b)(i) Inform everyone whose work a PIN affects |
| victoria-occupational-health-and-safety-act-2004::s60-4-b-ii | s 60(4)(b)(ii) Display a copy of the PIN near the affected work |
| victoria-occupational-health-and-safety-act-2004::s62 | s 62 Comply with a PIN where no inspector was called |
| victoria-occupational-health-and-safety-act-2004::s63-6 | s 63(6) Comply with a PIN that an inspector has affirmed |
| victoria-occupational-health-and-safety-act-2004::s67-1 | s 67(1) to (3) Allow HSRs to attend initial and annual refresher OHS training |
| victoria-occupational-health-and-safety-act-2004::s67-4-a | s 67(4)(a) Give HSRs paid time off to attend training courses |
| victoria-occupational-health-and-safety-act-2004::s67-4-b | s 67(4)(b) Pay the costs of HSR training attendance |
| victoria-occupational-health-and-safety-act-2004::s67-7 | s 67(5) to (7) Allow attendance at a course the Authority determines |
| victoria-occupational-health-and-safety-act-2004::s68 | s 68 Share HSR costs equally across multiple employers |
| victoria-occupational-health-and-safety-act-2004::s69-1-a | s 69(1)(a) Give HSRs access to hazard and health and safety information |
| victoria-occupational-health-and-safety-act-2004::s69-1-b | s 69(1)(b) Let the HSR attend interviews with DWG members on consent |
| victoria-occupational-health-and-safety-act-2004::s69-1-c | s 69(1)(c) Let the HSR attend interviews with represented contractors on consent |
| victoria-occupational-health-and-safety-act-2004::s69-1-d | s 69(1)(d) Give HSRs paid time off for their role and other approved training |
| victoria-occupational-health-and-safety-act-2004::s69-1-e | s 69(1)(e) Provide HSRs with facilities and assistance |
| victoria-occupational-health-and-safety-act-2004::s69-2 | s 69(2) Withhold identifiable employee medical information from HSRs without consent |
| victoria-occupational-health-and-safety-act-2004::s70 | s 70 Allow persons assisting an HSR to access the workplace |
| victoria-occupational-health-and-safety-act-2004::s71 | s 71 Keep and display an up-to-date list of HSRs and deputies |
| victoria-occupational-health-and-safety-act-2004::s72-1 | s 72(1) Establish a health and safety committee within 3 months of an HSR request |
| victoria-occupational-health-and-safety-act-2004::s72-2 | s 72(2) and (3) Committee membership and functions |
| victoria-occupational-health-and-safety-act-2004::s72-4 | s 72(4) and (5) Committee meets at least every 3 months |
| victoria-occupational-health-and-safety-act-2004::s73-1 | s 73(1) Resolve health and safety issues by the agreed or prescribed procedure |
| victoria-occupational-health-and-safety-act-2004::s73-2 | s 73(2) Appoint a suitable employer representative for issue resolution |
| victoria-occupational-health-and-safety-act-2004::s74 | s 74 Direct work to cease where there is an immediate threat |
| victoria-occupational-health-and-safety-act-2004::s75-4 | s 75(4) and (5) Continue paying employees during a justified stoppage |
| victoria-occupational-health-and-safety-act-2004::s76 | s 76 Do not discriminate against employees or job applicants for safety activity |
| victoria-occupational-health-and-safety-act-2004::s78A | s 78A and 78B Civil prohibition on discriminatory conduct for a prohibited reason |
| victoria-occupational-health-and-safety-act-2004::s78C | s 78C Do not authorise or assist discriminatory conduct |
Part 8: Authorised representatives of registered employee organisations – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s88 | s 88 Authorised representative must announce entry and show the permit |
| victoria-occupational-health-and-safety-act-2004::s91 | s 91 Conduct limits on authorised representatives |
| victoria-occupational-health-and-safety-act-2004::s93 | s 93 Do not refuse entry to or obstruct an authorised representative |
| victoria-occupational-health-and-safety-act-2004::s94 | s 94 Do not impersonate an authorised representative |
Part 9: Inspectors and enforcement – Victoria Occupational Health and Safety Act 2004
| Code | Title |
|---|---|
| victoria-occupational-health-and-safety-act-2004::s100-2 | s 100 Produce documents and answer an inspector's questions |
| victoria-occupational-health-and-safety-act-2004::s108-3 | s 108(3) Comply with conditions on the return of seized things |
| victoria-occupational-health-and-safety-act-2004::s110-4 | s 110(4) Comply with a non-disturbance notice |
| victoria-occupational-health-and-safety-act-2004::s111-4 | s 111(4) Comply with an improvement notice |
| victoria-occupational-health-and-safety-act-2004::s112-5 | s 112(5) Comply with a prohibition notice |
| victoria-occupational-health-and-safety-act-2004::s115-2-a | s 115(2)(a) Employee must give their employer a copy of an inspector's notice |
| victoria-occupational-health-and-safety-act-2004::s115-2-b-i | s 115(2)(b)(i) Tell everyone whose work an inspector's notice affects |
| victoria-occupational-health-and-safety-act-2004::s115-2-b-ii | s 115(2)(b)(ii) Give HSRs a copy of an inspector's notice |
| victoria-occupational-health-and-safety-act-2004::s115-2-b-iii | s 115(2)(b)(iii) Display an inspector's notice near the affected work |
| victoria-occupational-health-and-safety-act-2004::s119-3 | s 119(3) Give an inspector a true name and address when asked |
| victoria-occupational-health-and-safety-act-2004::s120-2 | s 120 Comply with an inspector's direction about a serious risk |
| victoria-occupational-health-and-safety-act-2004::s121 | s 121 Provide assistance an inspector reasonably requires |
| victoria-occupational-health-and-safety-act-2004::s122-2 | s 122(2) Allow persons assisting an inspector to access the workplace |
| victoria-occupational-health-and-safety-act-2004::s125-1-a | s 125(1)(a) Do not hinder or obstruct an inspector |
| victoria-occupational-health-and-safety-act-2004::s125-1-b | s 125(1)(b) Do not conceal people or things from an inspector |
| victoria-occupational-health-and-safety-act-2004::s125-1-c | s 125(1)(c) Do not prevent others from assisting an inspector |
| victoria-occupational-health-and-safety-act-2004::s125-2 | s 125(2) Do not assault, intimidate or threaten inspectors or their assistants |
| victoria-occupational-health-and-safety-act-2004::s126 | s 126 Do not impersonate an inspector |
What is Victoria Occupational Health and Safety Act 2004 and who does it apply to?
Victoria Occupational Health and Safety Act 2004 is a compliance framework from Australia: Victoria with 12 domains and 139 controls. Victoria's occupational health and safety statute: the general duties of employers, self-employed persons, employees, persons who manage or control workplaces, designers, manufacturers, suppliers and installers; consultation; incident notification and site preservation; workplace manslaughter; employee representation (designated work groups, health and safety representatives, committees, issue resolution); inspectors, notices and compliance codes. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Victoria Occupational Health and Safety Act 2004 actually require?
Victoria Occupational Health and Safety Act 2004 has 139 controls organised across 12 domains. The largest domains are Part 7: Representation of employees – Victoria Occupational Health and Safety Act 2004 (43 controls), Part 3: General duties relating to health and safety – Victoria Occupational Health and Safety Act 2004 (33 controls), Part 9: Inspectors and enforcement – Victoria Occupational Health and Safety Act 2004 (18 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Victoria Occupational Health and Safety Act 2004 do I already cover?
Victoria Occupational Health and Safety Act 2004 does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.
How do I implement Victoria Occupational Health and Safety Act 2004?
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