OHS and WHS compliance lawyers in Melbourne
Safeguard Your Workplace and Stay Compliant
MST Lawyers advises Victorian employers on occupational health and safety (OHS) compliance under the Occupational Health and Safety Act 2004 (Vic), regulated by WorkSafe Victoria. For clients operating interstate, we also advise under the harmonised Work Health and Safety (WHS) laws. We help businesses build compliant safety policies, run compliance audits, manage incidents and WorkSafe investigations, and reduce the risk of prosecution.
Key takeaways
- In Victoria, workplace safety is governed by the Occupational Health and Safety Act 2004 (Vic) and enforced by WorkSafe Victoria — not the national WHS Act.
- Employers (and officers) owe a duty to provide, so far as is reasonably practicable, a safe workplace. Breaches can carry significant fines and, for serious cases, individual liability.
- Regular safety audits, clear policies, and documented risk controls are the most effective defence against prosecution and workers’ compensation exposure.
- MST advises on WorkSafe investigations and industrial manslaughter risk for officers and businesses.
Our Services for Workplace Health & Safety Compliance
We offer expert assistance across a range of areas:
Developing compliant OHS policies and procedures
A strong set of workplace health and safety policies is the foundation of compliance. Employers must ensure that employees are aware of their responsibilities, understand safety procedures, and comply with legal requirements. MST Lawyers assists businesses in:
- Developing legally compliant WHS policies that align with Australian workplace laws and industry-specific safety standards.
- Creating clear workplace safety procedures for incident reporting, hazard management, and risk control measures.
- Implementing workplace policies covering anti-harassment, workplace bullying, drug and alcohol testing, and workplace injuries.
- Ensuring compliance with the Occupational Health and Safety Act 2004 (Vic) for Victorian operations, and the Work Health and Safety Act where clients operate interstate.
- Guiding businesses on implementing return-to-work policies for employees recovering from workplace injuries.
- Our legal team ensures that policies are not only legally compliant but also practical and easy to enforce, reducing the risk of workplace disputes and regulatory breaches.
OHS compliance audits and risk management
WHS laws require businesses to identify, assess, and control workplace risks. Conducting regular safety audits can help businesses avoid legal pitfalls and maintain a safe working environment. MST Lawyers provides expert risk management services, including:
- Conducting workplace safety audits to assess compliance with WHS laws.
- Identifying legal risks in workplace operations and recommending corrective actions.
- Advising on risk mitigation strategies to prevent workplace injuries and legal liabilities.
- Ensuring businesses meet occupational health and safety standards specific to their industry.
- Providing ongoing support for businesses facing WHS regulatory investigations.
By proactively addressing safety risks, businesses can significantly reduce workplace accidents, workers’ compensation claims, and potential litigation.
WorkSafe investigations, incidents and OHS training
Employers, HR teams, and senior management play a crucial role in maintaining a safe workplace. Ensuring they are well-informed about WHS obligations can prevent costly legal disputes and create a culture of safety within the organisation. MST Lawyers offers:
- Tailored WHS compliance training for HR professionals, managers, and business owners.
- Workplace safety workshops focused on employee rights, employer responsibilities, and risk prevention strategies.
- Guidance on managing workplace safety incidents and implementing corrective measures.
- Legal support in handling internal investigations related to workplace accidents or WHS breaches.
Our training sessions are designed to provide practical legal knowledge and equip businesses with the tools they need to meet their WHS obligations confidently.
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Maintaining workplace health and safety compliance is essential for your business’s success and the well-being of your employees. Contact MST Lawyers today to ensure your OHS and WHS policies, procedures, and risk management strategies are legally sound and up to date.
Book a consultation today by contacting our office on (03) 8540 0200 or you can email us directly at mst@mst.com.au.
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FAQS
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Failure to comply with workplace health and safety regulations can result in severe consequences, including:
- Legal penalties and fines issued by workplace WorkSafe Victoria.
- Workers’ compensation claims and increased insurance premiums.
- Lawsuits from employees who suffer workplace injuries or unsafe conditions.
- Damage to your company’s reputation and potential business disruptions.
Businesses found guilty of serious WHS breaches may also face criminal liability, including fines and imprisonment for company directors or responsible officers.
Yes. Employers are required to provide WHS training to ensure employees understand workplace safety procedures, their rights, and responsibilities. Training helps:
- Reduce the risk of workplace accidents and injuries.
- Ensure compliance with WHS laws and avoid penalties.
- Create a culture of safety, improving employee morale and productivity.
Regular training sessions, particularly for new employees or those working in high-risk industries, are essential for maintaining a safe work environment.
Workplace health and safety policies should be reviewed at least once a year or whenever:
- There are changes to WHS laws or regulations.
- A workplace incident highlights gaps in safety procedures.
- New equipment, processes, or hazards are introduced into the workplace.
- The business undergoes structural changes, such as mergers or acquisitions.
Regular reviews ensure that your WHS policies remain effective, legally compliant, and aligned with industry standards.
If your business is under investigation for a WHS breach, it is crucial to seek legal guidance immediately. MST Lawyers can assist by:
- Providing representation during regulatory investigations and inquiries.
- Reviewing WHS policies and identifying compliance gaps.
- Developing risk mitigation strategies to prevent future legal action.
- Defending businesses in workplace health and safety disputes.
Taking a proactive legal approach can help businesses mitigate penalties and resolve WHS disputes efficiently.
Yes. Employers have a legal duty of care to provide a safe work environment. If an employee is injured due to negligence, failure to implement WHS policies, or unsafe working conditions, the business may be liable for:
- Workers’ compensation claims and medical expenses.
- Legal action and potential financial damages.
- Regulatory fines and penalties for WHS non-compliance.
Implementing robust safety policies and conducting regular risk assessments can help businesses minimise liability and protect employee well-being.
No. Victoria is the only state that has not adopted the harmonised Work Health and Safety (WHS) laws. Victorian workplaces are governed by the Occupational Health and Safety Act 2004 (Vic) and its regulations, enforced by WorkSafe Victoria. Businesses operating across borders may need to comply with both OHS and WHS regimes.
We deliver expert employment and workplace law services, helping businesses stay compliant and support their people.
Content reviewed by Chao Ni (Accredited Specialist)
Last reviewed: July 2026