The Victorian Government has introduced the Occupational Health and Safety Amendment (Dangerous Goods) Bill 2026 (the Bill), marking a significant legislative development in order to enhance the safety framework surrounding the handling, and activities involving the handling, of dangerous goods.
The Bill seeks to amend the Occupational Health and Safety Act 2004 (Vic) (OHS Act) to modernise, streamline and enhance the management of dangerous goods across workplaces.
Background
Prompted by major chemical fires and an independent review of the existing regime, the Independent Review commissioned by the Victorian Government determined that the existing regulatory framework for dangerous goods under the OHS Act, the Dangerous Goods (Storage and Handling) Regulations 2022, the Dangerous Goods (HCDG) Regulations 2016 and the Dangerous Goods (Explosives) Regulations 2022 are outdated, difficult to understand and comply with. The Occupational Health and Safety Amendment (Dangerous Goods) Bill 2026 (the Bill) seeks to build on the foundations of the OHS Act, offering clearer guidance and stronger penalties in order to control the risks of dangerous goods in the workplace.
What are the key changes?
General duty
The Bill seeks to introduce a new broader, general duty requiring a person involved in handling dangerous goods to ensure safety and minimise risks to health, safety and property. Under the OHS Act, employers have a duty to provide and maintain a working environment for their employees which is safe and without risks to health, as far as is reasonably practicable.1 This Bill introduces a higher standard for addressing dangerous goods-related risks.
The Bill will not alter the existing duty, but it instead introduces a criminal offence for an aggravated breach of section 21 of the OHS Act. If the Bill is passed, an indictable criminal offence will be committed where:
- the employer contravenes section 21 of the OHS Act
- the contravention results in, or is likely to result in, the endangerment of an employee’s health or safety, and
- the employer knew or reasonably should have known that the contravention would result in, or would be likely to result in, endangerment of an employee’s health or safety.
Penalties for such breaches are severe, with individuals facing up to 5 years imprisonment or a fine of up to $814,040, or both, and corporations facing a fine of up to $4,070,200.2
Due diligence
The most significant reform proposed by the Bill is the introduction of a requirement for an officer of a body corporate to exercise due diligence to ensure that the body corporate complies with its relevant duties and obligations under the OHS Act. This means that officers will have a positive duty to exercise due diligence, take reasonable steps to stay informed and ensure that body corporates are complying with their OHS duties. The Bill also provides stronger enforcement powers in relation to liable officers.
Officers can exercise due diligence by:
- acquiring up-to-date knowledge of OHS laws
- understanding the nature of operations of the body corporate and any risks and hazards present regarding the handling of dangerous goods
- ensuring that the body corporate uses appropriate methods and processes to eliminate or, if not reasonably practicable, reduce the risks associated with the handling of dangerous goods
- ensuring that the body corporate has appropriate procedures in place for instances of incidents, hazards and risks regarding the handling of dangerous goods
- ensuring that the body corporate has appropriate processes in place to ensure that individuals in positions of power are complying with their duties and obligations, and
- verifying any processes and resources referred to above.
Officers who breach the positive due diligence requirements could face a fine of up to $2,035,100,3 regardless of whether the body corporate is prosecuted or found guilty of an offence.
Enforcement and penalties
The Bill proposes to significantly increase penalties for breaches related to dangerous goods, including higher fines and potential imprisonment for serious offences. The Bill proposes to expand enforcement tools that could be used to address a breach of the OHS Act, including increasing financial penalties for breaches of the OHS Act and expanding what civil penalties can be implemented to promote workplace health and safety. For example, it is proposed that the following orders may be able to be made in order to best address the particular contravention:
- adverse publicity orders
- monetary benefit orders
- orders to undertake improvement projects, or
- a costs notice seeking payment in relation to WorkSafe’s labour, administration, equipment and legal services.
If passed, the Bill will also allow WorkSafe to apply for a restraining order where there is contravention of a duty or requirement imposed by the OHS Act or regulations.
In addition, the Bill proposes to introduce a new offence if a person fails to assist an inspector in the performance of their functions or exercise of their powers.
Other changes
Other key proposed changes under the Bill include:
- mechanisms allowing regulatory obligations to be redirected to related or associated entities in certain circumstances, which are aimed at addressing phoenixing behaviour or deliberate non‑compliance with safety obligations
- empowering the Governor in Council to issue orders regulating the handling, clean-up and removal of dangerous goods, asbestos and security sensitive ammonium nitrate
- expanded powers for WorkSafe inspectors, including expanded entry powers and a greater ability to take intervening action when there is reasonable belief that the handling of dangerous goods is occurring.
Implications for you
Whilst the Bill is not yet the law in Victoria, if it is passed, employers who handle dangerous goods will be exposed to broader and significantly more burdensome obligations, and higher penalties, under the OHS Act.
The Bill seeks to strengthen and improve clarity regarding Victoria’s dangerous goods legislation, making it easier for duty holders to achieve compliance. However, if passed, it will require employers and duty holders to become familiar with due diligence requirements and prepare for greater scrutiny from regulators.
1 Section 21 of the OHS Act.
2 Based upon the current value of a penalty unit.
3 Based upon the current value of a penalty unit.
