Can you accrue and take leave while on workers comp?

Welcome to Take 5, Zenergy's five-minute scan of what's moving in Australian workplace health and safety, workers compensation, and people and culture. This week: Victoria puts a date and a dollar figure on on-the-spot fines, the Fair Work Commission's generative AI rules take effect, and Safe Work Australia's annual data lands with a confronting headline number. 1. Victoria locks in on-the-spot fines for falls and SWMS breaches From 31 March 2027, WorkSafe Victoria inspectors will be able to issue infringement notices — on-the-spot fines — under the Occupational Health and Safety Amendment (Infringement Offences) Regulations 2026. The confirmed offences: failing to use a control measure for a fall risk (up to $2,091 for a company, $418.20 for an individual), starting high-risk construction work without a Safe Work Method Statement, and failing to keep a SWMS or required fall-risk records readily accessible (up to $1,254.60 for a company). The Victorian Government confirmed the start date and amounts on 21 October. No new duties are created — these are existing obligations. What changes is the speed of enforcement: a breach an inspector once handled with a notice or a long prosecution can now cost money the same day. We unpack what it means, and what the courts are doing in parallel, in this week's deep dive. Also on the radar: Australia's new Workplace Exposure Limits replace the old exposure standards from 1 December 2026 — one month out. If your chemical register and SDS library haven't been checked against the new limits, now is the time (Safe Work Australia). Sources: WorkSafe Victoria — New infringement notices for falls and high-risk construction work offences (worksafe.vic.gov.au/new-infringement-notices-falls-and-high-risk-construction-work-offences); Premier of Victoria media release, 21 October 2026 (premier.vic.gov.au/labor-brings-spot-fines-unsafe-worksites); Safe Work Australia — New workplace exposure limits (WEL) to apply from 1 December 2026 (safeworkaustralia.gov.au). 2. Key dates: Movember and the Australian Workplace Health & Safety Awards Movember runs all month, putting men's health — mental health and suicide prevention, prostate and testicular cancer — on the agenda. It's a natural fit for safety teams in male-dominated industries: 93% of the workers who died at work in 2025 were men (Safe Work Australia). A toolbox talk, a fundraising crew or a wellbeing check-in all count. On the calendar: the 2026 Australian Workplace Health & Safety Awards run 12–13 November in NSW, and AIHS branches host events through the fortnight, including the South Australian Safety Breakfast on 5 November (AIHS events calendar). Sources: Movember (movember.com); AIHS events (aihs.org.au); Safe Work Australia — Key WHS Statistics Australia 2026. 3. People & culture: the Fair Work Commission's generative AI rules are now in force New Fair Work Commission guidance on the use of generative AI in Commission matters took effect on 20 October. Anyone who uses generative AI to help prepare a document lodged in a case must disclose that use — and a person must verify that every fact, case and quote in the document exists and says what it's claimed to say. Asking another AI tool to check doesn't count. The guidance reaches further than many employers expect: an HR adviser representing their own employer falls within the definition of a professional representative. Documents that don't comply can be given less weight, disregarded, or in serious cases see the matter dismissed with costs. If your HR team touches unfair dismissal responses, witness statements or submissions, map where AI is being used and put a verification step in writing (Fair Work Commission; HRD Australia, 20 October 2026). Sources: Fair Work Commission (fwc.gov.au); HRD Australia — Fair Work Commission AI disclosure rules now in force for employers, 20 October 2026 (hcamag.com). 4. Job market pulse: vacancies ease, construction holds The ABS's latest Job Vacancies release (August 2026 quarter, published 1 October) counted 325,000 vacancies nationally, down 0.9% over the quarter and 1.3% over the year. Private sector vacancies fell 2.0% to 286,300 while public sector vacancies rose 7.8% to 38,700 — and construction vacancies held broadly steady at around 20,000. For HSE hiring, that reads as a market that has cooled from its peak but is still competitive for proven safety talent, particularly in construction and infrastructure. Sources: ABS — Job Vacancies, Australia, August 2026 (abs.gov.au); SEEK (seek.com.au). 5. Industry story of the week: 222 lives — Australia's worst year since 2012 Safe Work Australia's Key Work Health and Safety Statistics Australia 2026, released in October, confirms that 222 workers died at work in 2025 — the highest annual toll since 2012 and well above the five-year average of 197. Vehicle incidents accounted for 92 deaths, falls from height 28 and falling objects 21: together, nearly two-thirds of the total. Construction recorded 41 deaths; transport, postal and warehousing the most of any industry at 61. The compensation data tells its own story. Around 147,200 serious claims were lodged in 2024–25, and mental health conditions now account for 17,900 of them — 12.2% of the total, up 169% since 2014–15. A typical mental health claim involves a median 34.8 weeks off work and $68,600 in compensation, roughly five times the time lost of other serious claims. "The data is confronting, but it also tells us where action is needed," said Safe Work Australia CEO Marie Boland. Sources: Safe Work Australia — Key WHS Statistics Australia 2026 (data.safeworkaustralia.gov.au/reports/key-whs-statistics-australia/latest-release) and media release, October 2026 (safeworkaustralia.gov.au). Featured role: Health & Safety Manager - $175,000 + Sydney NSW | Permanent, full time Our client is a large, well-established organisation operating across a diverse range of business functions and operational environments. With a broad workforce and complex risk profile, the organisation is committed to strengthening its health and safety practices, improving consistency and embedding a proactive approach to risk management. Apply via the Zenergy job board —for a confidential conversation call the team on 1300 333 400 Hiring HSE talent, or weighing your own next move? Talk to a Zenergy consultant — 20 years of trusted partnerships across every level of HSE leadership. Visit zenergygroup.com.au.

From 31 March 2027 WorkSafe Victoria can fine fall-risk and SWMS breaches on the spot. What's changing, why enforcement is hardening, how to prepare.

This week: the Best Practice Review of the model WHS laws, new Clerks Award work-from-home rules, job market data and a featured Sydney HSE Manager role.

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WorkSafe Victoria is investigating fake safety qualifications. How employers should verify tickets, licences and real competency when hiring HSE talent.