Notifiable incidents - what to notify and when!
Part 5 of 14 - Workplace Health & Safety Update
Authors: Robin Young, Partner and Nick Read, Solicitor
2 August 2011
What incidents need to be notified under the Workplace Health & Safety Act?
Under the Workplace Health & Safety Act (“WHS Act”) the following type of incidents that arise out of the conduct of a business must be notified to WorkCover:
• The death of a person
• A serious injury or illness of a person
• A dangerous incident
A “serious injury or illness” requires a person to have:
(a) Immediate hospital treatment as an in-patient in a hospital
(b) Immediate treatment for:
(i) An amputation of any part of his or her body
(ii) A serious head injury
(iii) A serious eye injury
(iv) A serious burn
(v) The separation of his or her skin from an underlying tissue (such as degloving or scalping)
(vi) A spinal injury
(vii) The loss of a bodily function
(viii) Serious laceration
(c) Medical treatment within 48 hours of exposure to a substance.
“Dangerous incident” means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:
(a) An uncontrolled escape, spillage or leakage of a substance
(b) An uncontrolled implosion, explosion or fire
(c) An uncontrolled escape of gas or steam
(d) An uncontrolled escape of pressurised substance
(e) An electric shock
(f) A fall or release from a height of any plant, substance or thing
(g) A collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations
(h) A collapse or partial collapse of a structure
(i) A collapse or failure of an excavation or of any shoring supporting an excavation
(j) An inrush of water, mud or gas in workings, into an underground excavation or tunnel
(k) An interruption of the main system of ventilation in an underground excavation or tunnel.
Who must notify and when?
A PCBU (click here for the definition of a PCBU) is responsible for ensuring that WorkCover is notified of these incidents.
Notification of incidents must be given immediately after the PCBU becomes aware of the incident. A failure to notify is an offence under the WHS Act. The maximum penalties for failing to notify is $50,000 for a body corporate and/or $10,000 in the case of an individual.
When do the new requirements come into force?
The notification provision comes into force on 31 December 2011.
Comment
It is often unclear when a “dangerous incident” becomes a “notifiable incident.” Consider the following examples:
• A large excavation collapses during the early hours of the morning when no workers are onsite. Had the tunnel collapsed whist workers were onsite, the incident may have resulted in death or serious injury.
• A contractor parks a forklift truck on an incline within a factory and forgets to apply the handbrake. The forklift truck rolls down the incline and its tynes break through the walls of an adjoining office. No one is injured.
Were the workers in each case exposed to a serious risk to health and safety? Was the risk immediate or imminent?
Where there is any doubt as to whether an incident is notifiable, we recommend that you seek legal advice.
Holman Webb are able to advise on incident notification as well as management of serious workplace incidents.
Any queries arising from our Workplace Health & Safety Link publication should be directed to either Robin Young or Rachael Sutton.
Robin Young
Partner
T: +61 2 9390 8419
E: robin.young@holmanwebb.com.au
Rachael Sutton
Partner
T: +61 2 9390 8422
E: rachael.sutton@holmanwebb.com.au