If an employer fails to report a notifiable incident to WorkSafe, is the HSR entitled to do so?
The short answer to your question is yes, an HSR, and indeed any worker, is entitled to contact the authority to report a contravention of the Act, which would include a failure to report a notifiable incident.
It would then be incumbent upon WorkSafe to investigate and conclude whether a notifiable incident should have been reported and wasn't.
Section 38 of our OHS Act requires your employer to notify WorkSafe immediately after becoming aware a notifiable incident has occurred. Under 38(5), an employer who contravenes this part of the Act is guilty of an offence and liable to a fine of up to 60 penalty units, or in the case of a body corporate, 300 penalty units.
Therefore (subject to having consulted with the employer about the issue), an HSR is also able to issue a PIN to the employer, citing a breach of section 38 of our OHS Act. Our A PIN: How to Use It webpage may be helpful.
Of course, knowing our rights and powers is important, but enforcing those rights under the law and the principles of health and safety, while maintaining a good working relationship with our employer, sometimes requires a nuanced approach.
We strongly encourage workers to contact their union for expert advice and assistance. Your union employs experienced OHS officers who can provide additional support and advice if needed.
