Navigating your health and safety obligations
At Hentys Lawyers, we understand the complexities of OH&S legislation when combined with Employment, Criminal, and Workers’ Compensation legislation, and we provide specialised legal guidance to help employers across Australia navigate their legal & business obligations effectively. From developing compliance strategies to representing clients in workplace incident cases, Hentys Lawyers is your trusted partner in creating a safe, compliant workplace. We work with clients across Australia, including Melbourne, Perth, Sydney, Adelaide, and Brisbane.
Workplace Accident Investigations and Assessments
In the unfortunate event of a workplace accident, a swift and thorough investigation is essential to determine the cause, prevent future incidents, ensure compliance with work health and safety duties, and protect the ‘s interests. Hentys Lawyers assists employers in conducting and participating in these , guiding evidence gathering, employee interviews, and documentation, and we provide advice on investigation processes and corrective steps after an incident. Our legal team also assesses the findings, helping you understand the implications and advising on necessary corrective actions. By working closely with your , we aim to minimise disruptions and ensure your response aligns with legal obligations, relevant codes of practice, and best practice expectations.
Workplace Health and Safety (OH&S) Policies and Procedures
Effective policies and procedures form the foundation of workplace health and safety and help maintain a safe workplace. Hentys Lawyers works with you to develop or review work health and safety policies that support a safe environment, workplace health, and worker welfare, including psychological risks such as harassment, while addressing hazard identification, Safe Operating Procedures (SOPs), Safe Working Method Statements (SWMS), incident reporting, emergency response, and risk management. We ensure these policies comply with safety laws and are practical and easy to implement. In Queensland, WHS law applies to almost every workplace. Establishing clear guidelines fosters a culture of safety and accountability, reducing the likelihood of workplace incidents and providing a strong defence should legal issues arise.
Risk and Hazard Identification Assessments
Hentys Lawyers assists employers in identifying workplace hazards through comprehensive risk assessments. Our team provides detailed guidance on recognising potential risks—such as chemical exposure, machinery safety, psychological hazards, and even mental health stressors—while making clear that both employers and workers play a role in identifying and managing risk. Each industry faces unique challenges, so we tailor our risk assessment strategies to suit your workplace environment. You can confidently address and manage risks with our support, ensuring a safer workplace and compliance with relevant safety laws.
Training In OH&S Management and Statutory Compliance
Proper training is a cornerstone of OH&S compliance. Hentys Lawyers offers training support to help employers educate their teams on OH&S standards, statutory compliance, and a range of duties under applicable work health and safety legislation. We help design training programs that cover hazard awareness, safe work practices, emergency response, and practical workplace requirements under the WHS Act and any applicable model work health regulations. By investing in thorough training, employers can empower employees to act responsibly, creating a safer work environment and reducing the risk of accidents.
Defending OH&S Safety Law Prosecution Matters
If your business faces an OH&S prosecution, Hentys Lawyers is here to provide expert defence representation. Our team has extensive experience defending employers in OH&S-related legal matters, from minor breaches to serious allegations. We analyse the details of your case, develop a strategic defence, and represent your interests throughout the proceedings. We aim to achieve the best possible outcome while minimising the impact on your business operations and reputation.
Appearing and Managing Coronial Inquests
Coronial inquests can be daunting, but with Hentys Lawyers, you can confidently navigate the process. We represent clients in coronial inquests, preparing documentation, managing evidence, and providing robust legal representation to protect your interests. Our experience in managing coronial inquests ensures that your business has the support to handle these complex and often sensitive proceedings effectively.
Legal Representation and Advisory Services
Hentys Lawyers provides strong legal representation in workplace health and safety matters, including incidents and alleged non-compliance. We offer advisory services during and help resolve compliance disputes, ensuring you have a trusted partner during potentially challenging times. Our legal team is well-versed in handling and defending alleged breaches of OH&S legislation and can guide you through the investigation process, from gathering documentation to responding to inquiries from the relevant legal authority in your state or territory, noting that the Work Health and Safety Act 2011 applies in most states and that obligations and penalties vary by state and territory, with regulators including WorkSafe Victoria, SafeWork NSW, SafeWork SA, and WorkSafe in western australia.
By engaging Hentys Lawyers, you benefit from a proactive legal approach prioritising safety, compliance, and peace of mind. Our advisory services help businesses and other organisations maintain ongoing workplace health compliance, but should the unexpected happen, our legal team is here to advocate for your business and mitigate risks.
The Financial and Legal Implications of Non-Compliance
Non-compliance with OH&S legislation and regulations can have severe financial and legal consequences for businesses, and directors and executives can face serious exposure for breaches of workplace health and safety duties. Every statutory authority for OH&S law in Australia enforces strict penalties for breaches, including fines, business shutdowns, and legal action, with consequences differing under regulations and affecting businesses, officers, and directors depending on the severity of the violation. Hentys Lawyers is committed to helping employers avoid these costly repercussions through comprehensive compliance strategies and effective legal counsel.
Beyond fines, non-compliance can damage your reputation, affect employee morale, and increase insurance premiums. Our legal expertise protects your business from these risks, allowing you to focus on growth confidently.
OH&S Law FAQs
OH&S Law Questions From Employers
Practical answers for Melbourne employers, company directors and HR teams navigating occupational health and safety laws, WorkSafe investigations, workplace incidents, regulatory compliance and OH&S prosecutions.
What does an OH&S lawyer do?
An occupational health and safety lawyer advises employers on their legal obligations under workplace health and safety legislation. This includes compliance advice, workplace incident investigations, regulator responses and defence of alleged safety breaches.
Hentys Lawyers provides employer-focused OH&S legal advice, including assistance with WorkSafe investigations, workplace safety policies, prosecutions and coronial inquests.
When should an employer contact an OH&S lawyer in Melbourne?
Employers should consider obtaining OH&S legal advice when responding to a serious workplace incident, receiving a regulator notice, facing a WorkSafe investigation or reviewing significant safety compliance concerns.
Early advice can help businesses understand their legal obligations, preserve relevant evidence and respond appropriately to regulatory enquiries.
What are an employer’s obligations under Victorian OH&S law?
Under Victoria’s Occupational Health and Safety Act 2004, employers must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health.
This includes providing safe systems of work, appropriate training and supervision, managing workplace hazards and consulting employees on relevant health and safety matters.
Hentys assists employers with understanding their duties and developing legally appropriate compliance arrangements.
What should an employer do after a serious workplace accident?
The immediate priorities are to protect people from further harm, arrange emergency assistance where necessary and comply with applicable incident notification and site preservation requirements.
Employers should also:
- Determine whether the incident must be reported to WorkSafe
- Preserve the incident site where legally required
- Retain relevant records and evidence
- Document incident circumstances accurately
- Cooperate with lawful regulatory requirements
- Obtain legal advice where serious liability concerns arise
Hentys assists employers with workplace incident investigations and regulatory responses.
What happens during a WorkSafe investigation?
A WorkSafe investigation may involve inspecting the workplace, examining documents, interviewing relevant people and assessing whether workplace safety obligations have been met.
Depending on the findings, regulatory action may include notices, further investigation or prosecution.
Hentys advises employers on their obligations during investigations, assists with evidence and documentation, and provides legal representation where appropriate.
Can Hentys represent employers during WorkSafe investigations?
Yes. Hentys provides legal assistance to employers responding to workplace health and safety investigations.
This may include advising on statutory obligations, reviewing documents, assisting with regulatory correspondence and representing businesses in subsequent legal proceedings.
Legal representation does not remove an employer’s obligation to comply with lawful regulatory requirements.
What happens if a business is prosecuted for an OH&S breach?
An OH&S prosecution involves allegations that a business or individual has breached workplace safety legislation. The proceedings may examine the relevant duties, available evidence, workplace systems and circumstances of the incident.
Depending on the offence and jurisdiction, consequences can include substantial financial penalties and, for certain individual offences, imprisonment.
Hentys assists employers with reviewing allegations, developing defence strategies and representation in OH&S prosecutions.
Can company directors be personally liable for workplace safety breaches?
Yes. Depending on the applicable legislation and circumstances, directors and other individuals may face personal liability for breaches of workplace health and safety obligations.
The relevant duties and potential penalties vary between jurisdictions. Hentys provides legal advice to directors and employers on OH&S obligations, governance and compliance risks.
What is the difference between OH&S law and OH&S consulting?
OH&S law focuses on legal obligations, regulatory compliance, investigations, prosecutions and representation in workplace safety matters.
OH&S consulting generally focuses on practical workplace safety systems, hazard assessments, audits, policies and operational risk management.
Hentys provides both OH&S legal services and OH&S consulting services , helping employers address both legal and operational safety requirements.
Can an OH&S lawyer review workplace safety policies and procedures?
Yes. Hentys assists employers with preparing and reviewing workplace health and safety policies, Safe Operating Procedures (SOPs) and Safe Work Method Statements (SWMS).
Legal review can help identify documentation gaps, clarify employer obligations and assess whether policies address relevant statutory requirements.
Policies must also be properly implemented and supported by effective workplace safety practices.
What are the legal requirements for reporting workplace incidents?
Certain workplace incidents must be reported to the relevant workplace safety regulator. In Victoria, employers and other duty holders must comply with applicable WorkSafe notification requirements.
These requirements can include immediate notification, preservation of the incident site and written records or reports.
Reporting obligations depend on the incident and jurisdiction. Employers should seek advice promptly if they are uncertain whether an incident is notifiable.
Can Hentys assist employers with coronial inquests?
Yes. Hentys provides legal representation and assistance in coronial inquests involving workplace fatalities and other relevant incidents.
This may involve reviewing evidence, preparing documentation, advising on legal obligations and representing the organisation’s interests during coronial proceedings.
Does Hentys provide OH&S legal advice across Australia?
Hentys Lawyers assists employers in Melbourne and across Australia with workplace health and safety legal matters.
OH&S and WHS legislation differs between jurisdictions. Victoria operates under its own OH&S framework, while most other Australian jurisdictions use legislation based on the model Work Health and Safety laws.
Hentys provides advice tailored to the relevant jurisdiction, workplace circumstances and legal obligations.
Contact Hentys Lawyers Today
Note: Hentys represents employers only.
For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.
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