WorkSafe notifiable incidents

Should a serious workplace incident occur, the employer, occupier, or person in charge of a workplace must report the incident to WorkSafe immediately by telephone on 132 360. Written notification must follow within 48 hours using the WorkSafe Incident Notification Form.

In Victoria the Occupational Health and Safety Act 2004 (‘the Act’) and the Occupational Health and Safety Regulations 2007 are the laws covering the responsibilities and rights of employers and workers. Should a serious workplace incident occur, the employer, occupier, or person in charge of a workplace must report the incident to WorkSafe immediately by telephone on 132 360.  Written notification must follow within 48 hours using the WorkSafe Incident Notification Form.

The Act also requires preservation of the incident site until an inspector arrives or issues a direction. WorkSafe will advise the employer or occupier if an inspector will visit their site and whether the employer or occupier can disturb the incident scene.

What constitutes a workplace?

A “workplace” is defined as any place, whether or not in a building or structure, where employees or self-employed persons work. It therefore includes the following:

• buildings
• structures
• factories
• vehicles
• offices
• construction sites
• excavations
• mines
• quarries
• demolition sites
• farms
• domestic premises

In service industries, the workplace is generally the location where the service is provided. Locations where emergency services operate such as for fire-fighting and police action are also workplaces.

What constitutes a notifiable incident?

Incidents at a workplace which result in the consequences described below must be reported to WorkSafe.

If you are uncertain about whether an incident is notifiable under any of the legislative provisions referred to below, contact WorkSafe on 132 360 to seek advice.

Notification is required where an incident at a workplace results in:

• death; or
• serious injury.

Serious injury is used in this context to describe those incidents that result in the consequences described in section 37(1) of the Act. They include, but are not limited to, incidents that result in a person requiring:

• medical treatment within 48 hours of exposure to a substance
• immediate treatment as an in-patient in a hospital
• immediate medical treatment for:
  • amputation
  • serious head injury (includes loss of consciousness caused by a severe blow to the head or a chemical or hot metal burn to the skull)
  • serious eye injury (including but not limited to, the loss of sight of an eye, a penetrating injury to an eye, or a chemical or hot metal burn to the eye)
  • separation of skin from underlying tissue (for example de-gloving or scalping)
  • electric shock
  • spinal injury
  • loss of bodily function
  • serious lacerations

The immediate medical treatment required may include stitching to prevent loss of blood and/or other treatment to prevent loss of bodily function and/or infection.

The notification duty also applies to incidents that expose a person in the immediate vicinity to an immediate health or safety risk through incidents including:

• the collapse, overturning, failure or malfunction of, or damage to, plant that is required to be licensed or registered;
• the collapse or failure of an excavation or of any shoring supporting an excavation;
• the collapse or partial collapse of a building or structure;
• an implosion, explosion or fire;
• the escape, spillage or leakage of any substance including dangerous goods;
• the fall or release from a height of any plant, substance or object; or
• the following events in a mine:
  • the overturning or collapse of any plant; or
  • the inrush of water, mud or gas; or
  • the interruption of the main system of ventilation.

In addition, a notifiable incident at a quarry should also be notified to WorkSafe.

How to notify WorkSafe

Step 1: Telephone WorkSafe on 132 360 – Immediate notification means as soon as you become aware of the incident. Details will be recorded and you will be given a reference number.

The Reference Number is your proof of immediate notification.

Step 2: The written notification is to be provided by the WorkSafe Victoria Incident Notification Form submitted via:

• online via the internet using the electronic form, available at worksafe.vic.gov.au, or
• in hard copy by facsimile to (03) 9641 1091, or
• by post to WorkSafe Victoria, Incident Notification, GPO Box 4306, Melbourne 3001, or
• by post or courier to WorkSafe Victoria, 222 Exhibition Street, Melbourne 3000.

Note: hard copy forms are available at all WorkSafe offices or can be downloaded from the WorkSafe website.