Notifiable incidents and serious injuries

We must notify the relevant authorities when a ‘serious injury’ occurs at our workplace but when is an injury ‘serious’?

Firstly, if a serious injury or incident occurs at an organisation, they may be required to notify the Work Health and Safety Regulator immediately.

Ai Group can provide assistance in responding to these types of incidents, and in dealing with a work health and safety inspector who may attend the workplace in response to an incident.

For initial support contact our Workplace Advice Line on 1300 55 66 77. They may refer you to Ai Group Workplace Lawyers so that you can consider whether the activation of professional legal privilege would be advisable.

Requirements to Notify

Sections 35 to 39 of the Model Work Health and Safety (WHS) Act (which has been adopted in all Australian jurisdictions other than Victorian and Western Australia which are covered by their own Occupational Health & Safety Acts (OHS)) require serious injuries and dangerous occurrences are notified to the local regulator by the ‘person conducting a business or undertaking’ (PCBU) immediately after becoming aware that a notifiable incident has occurred.

Under the relevant state based OHS/WHS Acts, a PCBU must:

• notify the regulator by the fastest possible means after becoming aware that a notifiable incident has occurred;
• give written notice of the incident within 48 hours (if required by the regulator);
• preserve the incident site so far as it is practicable to do so until instructed otherwise by an inspector. Exceptions apply where disturbance may be necessary to make the site safe, assist an injured person, remove a deceased person or in association with a police investigation; and
• keep a record of each notifiable incident for at least 5 years from the notification date.

For state based incident notification requirements, refer to the relevant regulator’s website.

Serious injury or illness

The WHS Acts specify that the following are a serious injury or illness that must be notified:

• Immediate treatment as an in-patient in a hospital; or
• Immediate treatment for:
  • amputation of any part of the body
  • serious head injury
  • serious eye injury
  • serious burn
  • scalping/degloving or similar injury
  • spinal injury
  • loss of a bodily function
  • serious lacerations
  • medical treatment within 48 hours of exposure to a substance.

Note: See further information below for additional serious illnesses that are required to be notified under the OHS/WHS Regulations.

The OHS/WHS Act specifies that a dangerous occurrence is an incident in relation to a workplace that exposes a worker or other person to a serious risk to health and safety from immediate/imminent exposure to:

• an uncontrolled escape, spillage or leakage of a substance; or
• an uncontrolled implosion, explosion or fire; or
• an uncontrolled escape of gas or steam; or
• an uncontrolled escape of a pressurised substance; or
• electric shock; or
• the fall or release from height of any plant, substance or thing; or
• the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or
• the collapse or partial collapse of a structure; or
• the collapse or failure of an excavation or of any shoring supporting an excavation; or
• the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or
• the interruption of the main system of ventilation in an underground excavation or tunnel; or
• any other event prescribed by the regulations.

Additional notifiable illnesses under the OHS/WHS Regulations

Any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work with:

• micro-organisms; or
• involves providing treatment or care to a person; or
• involves contact with human blood or body substances; or
• involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products.

Also listed in the regulations are the following occupational illnesses contracted in the course of work: Q fever; Anthrax; Leptospirosis; Brucellosis; Hendra Virus.

Other regulators may also require notification of incidents, e.g. electrical shock may need to be reported to the electrical regulator, chemical spills may need to be reported to the environmental regulator.

Further Information

For more information, refer to our Notifiable or reportable incidents article or contact the Workplace Advice Line on 1300 55 66 77.