An obligation to notify
Under the Occupational Health and Safety Act 2004 (OHS Act), employers and self-employed persons must notify WorkSafe immediately after becoming aware a notifiable incident has occurred. Failure to report an incident to WorkSafe is an offence and may result in prosecution.
You must report incidents resulting in
- death of a person
- a person needing medical treatment within 48 hours of being exposed to a substance
- a person needing immediate treatment as an in-patient in a hospital
- a person needing immediate medical treatment for one of the following injuries: amputation, serious head injury or serious eye injury, removal of skin (example: de-gloving, scalping), electric shock, spinal injury, loss of a bodily function, serious lacerations (example: requiring stitching or other medical treatment)
Medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practice in the medical or nursing or midwifery profession (doctor, nurse, midwife etc.).
You must also report the following incidents if they expose a person in the immediate vicinity to an immediate risk to the person's health and safety
- registered or licensed plant collapsing, overturning, failing, malfunctioning or damage to the plant
- collapse or failure of an excavation, or shoring supporting an excavation
- collapse or partial collapse of a building or structure
- implosion, explosion or fire
- escape, spillage or leakage of any substance including dangerous goods
- the fall or release from a height of any plant, substance or object
- in relation to a mine the
- overturning or collapse of any plant
- inrush of water, mud or gas
- interruption of the main ventilation system
From 28 July 2020, employers are required to notify WorkSafe immediately on becoming aware that an employee or an independent contractor or a contractor's employee has received a confirmed COVID-19 diagnosis and has attended the workplace during the infectious period.
Self-employed persons are also required to directly inform WorkSafe immediately on receiving a confirmed COVID-19 diagnosis if they have attended the workplace during the infectious period.
The infectious period begins on the date 14 days prior to the onset of symptoms or a confirmed COVID 19 diagnosis (whichever comes first), until the day on which the person receives a clearance from isolation from the Department of Health.
Dangerous goods incidents
Under the Dangerous Goods Act 1985 all accidents involving dangerous goods must be reported to the nearest fire authority or police station, including:
This does not apply to prescribed dangerous goods or prescribed quantities of dangerous goods.
Under the Dangerous Goods (Explosives) Interim Regulations 2021 the following must be reported:
- incidents relating to explosives involved in explosions, fire or other incidents causing:
- injury to any person or immediate risk to their health or safety
- property damage
- theft or loss of explosives, break in or attempted break in
Still unsure if you need to report an incident - call us on 13 23 60.