The law requires that employers notify WorkSafe if a serious incident occurs at the workplace. This part of the Act sets out the duties of employers in this matter and lists the incidents for which notification is required.
Part 5 - Duties relating to incidents (Sections 37 - 39)
An employer/self-employed person must notify WorkSafe immediately (by telephone on 132 360) after becoming aware of any incident that results in death or an injury that requires substantial medical treatment. Notification is also required immediately the employer or self-employed person or person in charge of prescribed equipment becomes aware of a serious incident.
Notification in writing is also required, within 48 hours of immediate notification, using the form approved by the Authority, which may be sent to WorkSafe Victoria by facsimile on (03) 9641 1091. The Incident Notification form can be download from the WorkSafe website. There is also an online form which can be accessed on this page.
The incidents specifically covered by this Part, and for which notification is required, are:
- The death of a person.
- A person requiring medical treatment within 48 hours of exposure to a substance.
Exposure to a substance includes exposure to hazardous substances, dangerous goods, other chemicals, and biological and airborne contaminants.
Examples of this may include:- an acid splash to the skin
- inhalation of toxic vapours
- exposure to human and/or animal blood and body substances.
- A person requiring immediate treatment as an in-patient in a hospital.
- A person requiring immediate medical treatment for one of the injuries listed below.
- Amputation - of ANY part of the body - at the time of incident or due to surgery immediately after
- A serious head injury - scalping, penetrating injury, broken nose or jaw or skull, loss of consciousness due to blow to the head, loss or fracture of tooth, burn to the skull, injury to ear or ear drum
- A serious eye injury - temporary or permanent loss of sight, penetrating injury, burn to the eye
- Separation of skin from underlying tissue, such as scalping or de-gloving of any body part
- Electric shock - does not include shock from static electricity or deliberately used defibrillator
- Spinal injury
- Loss of a bodily function - loss of consciousness or brain damage or cognitive function, loss of movement of a limb e.g. from fracturing a bone, loss of sense of smell or taste, or sight or hearing, loss of function on an internal organ
- Serious laceration - deep or extensive cuts, punctures, tears or wounds, or requiring stitching or gluing or staples to prevent blood loss, or other treatment to prevent loss of bodily function and/or infection
- Any other injury to a person or other consequence prescribed by the regulations
Notifiable dangerous occurrences are:
- an uncontrolled escape, spillage or leakage of any substance, including (but not limited to) dangerous goods within the meaning of the Dangerous Goods Act 1985 (Dangerous Goods Act)
- an implosion, explosion or fire
- electric shock
- the fall or release from a height of any plant, substance or thing
- the collapse, overturning, failure or malfunction of, or damage to, the following plant (including in relation to a mine):
- plant that lifts or moves persons or materials, other than:
- plant that relies exclusively on manual power for its operation
- plant which is designed to be primarily supported by hand
- a ship, boat or aircraft or
- a vehicle designed to be used primarily as a means of transport on a public road or rail, if the incident has occurred on a public road or rail
- pressure equipment
- tractors
- earth-moving machinery
- scaffolds
- temporary access equipment
- explosive-powered tools
- turbines
- amusement structures
- any plant where the design must be registered in accordance with the Occupational Health and Safety Regulations (2017) (OHS Regulations). See Schedule 2 of the OHS Regulations for further information
- plant that lifts or moves persons or materials, other than:
- the collapse or partial collapse of a building or structure
- the collapse or failure of an excavation or mine, or of any shoring supporting an excavation or mine
- the inrush of water, mud or gas in workings in a mine, underground excavation or tunnel
- the interruption of the main system of ventilation in a mine, underground excavation or tunnel
- any other event or circumstance prescribed by the OHS Regulations.
The employer or self-employed person must ensure that the site where the incident occurred is not disturbed until either an inspector arrives at the site, or the inspector directs when the Authority is notified of the incident. The exception is that the site may be disturbed for the purpose of protecting someone's health or safety, aiding an injured person involved in the incident or taking essential action to make sure the site is safe or to prevent a further occurrence.
What is considered the incident site - The incident site is the area at the workplace where the incident occurred. It includes any plant involved in the incident and extends to any area within the workplace where:
- any substances have escaped, spilled or leaked
- any debris, including plant debris, or objects have fallen as a result of the incident.
Employers must retain copies of the written record of a notifiable incident (the completed Incident Notification form) for at least 5 years.
See Also:
WorkSafe has produced a Guide to Incident Notification which provides detailed explanation to Part 5 of the OHS Act 2004 and the Equipment (Public Safety) (Incident Notification) Regulations 2017.
The 2004 Act can be downloaded (in both pdf and word format) on the Victorian government legislation repository website.
Last amended November 2025