WorkSafe has updated the Incident Notification guidance and related resources. The guidance explains how occupational health and safety (OHS) laws apply to serious workplace incidents. It has been updated to align with the revised incident notification requirements for plant and equipment under the Occupational Health and Safety Regulations 2017, which came into effect on 1 July 2024. Changes have also been made to improve readability and accessibility.
From 1 July 2024 there are new obligations and new types of plant and equipment that you need to notify WorkSafe about if they are involved in an incident.
Employers have a duty under Part 5 of the OHS Act to Notify WorkSafe immediately when they become aware that a notifiable incident has occurred at a workplace under their management and control, and a duty to preserve the incident site until an inspector arrives or directs otherwise.
Following notification of the incident employers must also provide written notification to WorkSafe within 48 hours and keep a copy of the written notification for at least 5 years.
Failure to report an incident to WorkSafe is an offence under the OHS Act and may result in prosecution.
The updated guidance includes further clarification on reportable injury types e.g. electric shock and serious lacerations, and reportable incidents involving plant, dangerous goods and explosives. The guidance also expands on what is considered to be part of an incident site.
Incident sites may only be disturbed for the purpose of protecting the health and safety of a person, aiding an injured person, taking essential action to make the site safe or to prevent a further incident from occurring.
We welcome this additional detail and definition around Incident Notification guidance as in the past some employers have adopted a narrow interpretation of the specific injuries and incidents requiring them to report to WorkSafe.
Read more: Notifiable incidents under the Occupational Health and Safety Act 2004 | WorkSafe Victoria