The Importance of ‘Notifiable Incidents’ under the Workers’ Compensation OHS Act

A State-By-State Guide

Workers’ Compensation is a highly complex insurance policy with numerous variables and critical processes and procedures that every employer, worker, and member of the general public are unaware of. WorkCover is a no-fault, mandatory insurance scheme mandated by law. Employers must register for WorkCover insurance to protect themselves from compensation claims arising from or in the course of employment and the scope of employment.

When WorkCover is notified of an injury, it is able to prioritise complex or high-risk claims and begin planning for claim and injury management. WorkCover will be able to achieve better return-to-work outcomes and help keep your workers’ compensation premium under control as a result. Please keep in mind that the initial notification does not absolve your obligation to provide formal notification by submitting a claim form and medical certificate to WorkCover.

Aside from the legislator, I haven’t seen much written on the subject by others in recent years. Although the websites of each legislative state contain all of the necessary information, determining how easy it is to understand and locate the information we require is a difficult task. To find the correct information, you may need to read the Act and Regulations themselves.

The Importance of ‘Incident Notification’

When a worker is injured, employers have several responsibilities. These responsibilities apply when they receive a notice of injury or a claim for compensation. Employers are required by the OHS Act to notify WorkCover as soon as they become aware of a fatal order. Employers are also required to report serious incidents that are classified as ‘notifiable incidents’. Employers may face penalties if they fail to report a notifiable incident and file a claim with WorkCover within the timeframes set by your state. When you become aware that a worker has been injured, especially if there will be lost time from work, the worker must seek medical attention and obtain a certificate (Certificate of Capacity) issued by a qualified registered medical practitioner.

When WorkCover is notified of an injury, it is able to prioritise complex or high-risk claims and begin planning for claim and injury management. WorkCover will be able to achieve better return-to-work outcomes and help keep your workers’ compensation premium under control as a result. Please keep in mind that the initial notification does not absolve your obligation to provide formal notification by submitting a claim form and medical certificate to WorkCover.

When an employer receives a Notice of Injury or Condition they must:

• Ensure that the necessary details of the injury or condition are recorded in the register of injuries (penalty applies if an employer fails to register an incident)

• provide the worker with a written acknowledgement of receiving notification of an injury or condition.

WorkCover will contact the employer to discuss any implications for other employees, particularly those who were injured or witnessed the accident; they may be eligible for workers’ compensation, including provisional payments while awaiting an initial decision to accept the claim and provisional payments for a mental injury.

The Important of ‘Notifiable Incidents’

Certain ‘notifiable incidents’ at work must be reported to the workplace health and safety regulator by businesses and undertakings. An incident must occur as a result of the conduct of the business or undertaking in order to be notifiable. A notifiable incident can involve anyone, whether they are employees, contractors, or members of the general public. This section will assist you in determining when you must notify the regulator of work-related death, injury, illness, or dangerous incident.

What is a “Notifiable Incident”

The definition of a “notifiable incident” differs slightly by state, but under Work Health and Safety (WHS) legislation, it generally refers to:

• the death of a person

• a serious injury or illness of a person

• a dangerous incident

What information do I need when reporting a ‘Notifiable Incident?

A detailed description of the incident will assist WorkCover in determining whether the incident is notifiable. All occupational health and safety regulators have agreed that the following data should be gathered:

• the type of notifiable incident and a description of the incident, as well as the address, date, and time of the incident

• details describing the specific location, such as a section of the warehouse or a piece of equipment involved in the incident to aid in site disturbance instructions

• Name, occupation, date of birth, address, and contact information for the injured person in relation to the notifier

• a description of a severe injury or illness

• initial treatment of a serious injury or illness where the patient has been admitted to the hospital (if applicable)

• The legal and trading names of the person who is running a business or undertaking

• ABN/ACN, business address (if different from incident address), and contact information (including phone number and email)

• details describing the specific location of the incident, such as a section of the warehouse or a piece of equipment, to aid instructions about site disturbance

• action taken or intended to be taken (if any) to prevent recurrence

• name, salutation, contact phone number, and position at workplace of the notifier name, phone number, and position of the person to contact for more information (if different from above)

The WHS Law requires:

• a ‘notifiable incident’ that must be reported to the regulator as soon as the employer becomes aware of it. Only the most serious health or safety incidents must be reported, and they must be work-related.

• If the regulator requests it, written notification must be provided within 48 hours of the request, and the incident site must be preserved until an inspector arrives or otherwise directed (subject to some exceptions). This will allow the inspector to conduct an investigation into the incident.

Any notifiable incident must be reported to WorkCover Authority, or fines will be imposed. Work-related incidents can have an impact on people outside of the workplace. These may still be reportable if they involve death, serious illness or injury, or a potentially dangerous incident.

Records of ‘Notifiable Incidents’

The Important of Register of Injuries

When employers receive notice of an injury or condition, they must ensure that the specifics of the injury or condition are entered into the register. A worker or anyone acting on their behalf may enter information about an injury or condition into the register. Failure to comply is an offence with serious consequences.

The register must be in an approved form

The register must be in a WorkCover-approved format. The form only refers to the information or specifics that must be provided, not the manner or format in which the information can be requested. The register can be kept in an exercise book or a standard diary, as long as it contains the information required by WorkCover. When creating an injury register, keep in mind that the employer must acknowledge a notice of injury in writing.

The information recorded in the register

The following information is recorded in the register of injuries:

• worker’s name

• worker’s occupation or job title

• time and date of injury

• worker’s exact location at the time of the injury

• an exact description of how the injury was sustained

• nature of the injury and the body part/s affected

• witnesses to the injury, if any

• date of entry in register

• name of the person making the entry.

icare Workers Insurance ‘Incident Notification’

In New South Wales, the nominal insurer is icare Workers Insurance, which is governed by the State Insurance Regulatory Authority (SIRA). Work Health and Safety Act 2011 No 10 describes a notifiable incident, a serious injury or illness, and a dangerous incident can be found here.

When an employer receives an injury notification from a worker, a description of the injury should be recorded in your injury register, and you should notify your current claims service provider (GIO, Allianz, QBE, or EML) within 48 hours of becoming aware of a work-related injury or illness. The default claims agent is EML. If employers are unsure, they can contact icare at 13 77 22.

A work-related injury must be reported by the employer within 48 hours of becoming aware of it. If you fail to report a work-related injury within 5 days of becoming aware of it, you may be required to pay a “claims excess payment,” which is equal to one week’s weekly pay for the worker. When you report an injury, your claims service provider will issue you an injury notification number (sometimes referred to as a claim number). In NSW, filing an incident notification is the same as filing a WorkCover claim.

Reporting ‘Notifiable Incident’

If it is a notifiable incident, call SafeWork NSW on 13 10 50. SafeWork NSW may be required to conduct an urgent investigation and you will need to preserve the incident site until an inspector arrives. Significant penalties apply if you fail to report a serious incident and disturb the scene before an inspector or police officer arrives.

Failure to ‘Notifiable Incidents’ penalties

A person who conducts a business or undertaking (PCBU) or the employer must notify SafeWork NSW. Failing to report notifiable incidents is an offence.

Maximum penalty:

• in the case of an individual—115 penalty units (at the time of printing)

• in the case of a body corporate—575 penalty units (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 years

A person who conducts a business or undertakes PCBU or the employer must keep each notifiable incident for at least 5 years. Failing to keep the records is an offence.

Maximum penalty

• in the case of an individual—60 penalty units (at the time of printing)

• in the case of a body corporate—290 penalty units (at the time of printing)

Failure to preserve incident sites

A person who conducts a business or undertaking PCBU or the employer fails to preserve the incident site until WorkCover inspectors or police arrive will be fine:

Maximum penalty:

• in the case of an individual—115 penalty units (at the time of printing)

• in the case of a body corporate—575 penalty units (at the time of printing)

This section does not apply to a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.

WorkSafe Victoria ‘Incident Notification’

The Occupational Health and Safety Act 2004, or OHS Act, requires employers and self-employed individuals to notify WorkSafe as soon as they become aware of a “notifiable incident” at their workplace. Incidents must be reported regardless of whether the person involved is an employee or a member of the general public. Employers, on the other hand, are not required to notify WorkSafe if the incident is not notifiable. You will need to record the incident in your register of injuries. If your worker provided you with the Worker’s Injury Claim Form, you must submit it to your WorkSafe agent within 10 business days, or within 3 days if the claim involves mental injury.

Employers’ requirement to notify WorkSafe of serious incidents in various circumstances is set out in the OHS Act and Part 5 of the Occupational Health and Safety Act 2004 and Part 9 of the Equipment (Public Safety) Regulations 2007. The Act also requires preservation of the incident site until an inspector arrives or issues a direction, subject to some exceptions.

In summary, Part 5 of the Act requires:

• immediate notification of a notifiable incident to WorkSafe on 132 360

• written notification within 48 hours

• preservation of the incident site until an inspector arrives or directs otherwise.

Workplace Safety Legislation and Other Matters Amendment Act 2022

Information on the changes that went into effect on March 16, 2022. The Act – Amendment to Workplace Safety Legislation and Other Matters Act 2022 can be found here. The Act, along with other Parliamentary documents, can be found on the Victorian Legislation website. The Workplace Safety Legislation and Matters Amendment Act 2022 (the Act) aims to prevent and improve workplace safety incidents, improve outcomes for injured workers and their families, and strengthen Worksafe’s ability to improve the operation of Victoria’s workers’ compensation scheme.

The Act makes amendments to the Accident Compensation Act 1985 (AC Act), the Dangerous Goods Act 1985 (DG Act), the Equipment (Public Safety) Act 1994 (EPS Act), the Occupational Health and Safety Act 2004 (OHS Act), and the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) to:

• improve compensation arrangements for workers with silicosis and similar occupational diseases, and deliver on aspects of the Government’s Silica Action Plan, including an extension to eligibility for family counselling services. Changes to silicosis and similar occupational diseases – Workplace Safety Legislation and Other Matters Amendment Act 2022 information can be found here.

• amend the threshold for issuing prohibition notices and giving directions, to better capture serious-risk activities. Prohibition notice changes – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• include a broader range of matters to be notifiable incidents. Incident notification changes – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• improve entitlements for families of deceased workers. Family supports changes following a work-related death – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• clarify that funds collected from infringement notices are paid into the WorkCover fund. Funding allocation changes – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• make technical amendments to the WIRC Act including changes to clarify the current process for awarding legal costs, contractor provisions and payments for injured workers living overseas.

• Amending the basis for awarding legal costs – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• Changes to payments for injured workers living overseas – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• Changes to contractor provisions – Workplace Safety Legislation and Other Matters Amendment Act 2022 can be found here.

• expand the Firefighters Presumptive Rights Compensation Scheme to include Country Fire Authority (CFA) and Fire Rescue Victoria (FRV) vehicle and equipment maintenance employees. Vehicle and equipment maintenance employees – changes to the Firefighters Presumptive Rights Compensation Scheme can be found here.

Purpose of the changes

The modifications are required to support improvements and enhancements in WorkSafe’s insurance and occupational health and safety (OHS) functions. Disease compensation changes ensure that the distinct nature of certain diseases that progress quickly and do not stabilise can be addressed.

In response to the Victorian Government’s Silica Action Plan, these include certain occupational diseases. Changes to the threshold for duty holders to notify WorkSafe of certain incidents, as well as the grounds on which inspectors can issue prohibition notices and directions, will allow for improved risk and hazard response and will strengthen WorkSafe’s prevention mandate.

The Victims of Crime Assistance Act of 1996 and the Legal Profession Uniform Law Application Act of 2014 are also amended by the Act. More information can be found on the Victorian Legislation website. Some changes have commenced (see below), with others beginning in mid-2022

OHS Act amendments and some technical WIRC Act changes are now law.

• prohibition notices and directions amendments to better capture serious-risk activities including serious health outcomes

• a broader range of matters to be notifiable incidents

• infringement notice funds to be paid into the WorkCover fund

• WIRC Act technical amendments relating to common law and dispute management proceedings

WIRC Act and AC Amendments to silicosis and similar occupational diseases and Family support reform, to commence on 1 July 2022

• silicosis and similar occupational diseases compensation improvements

• entitlements for the families of deceased workers

Reporting ‘Notifiable Incident’

When WorkSafe receives formal notification of a serious incident, the Claims Practices team will conduct an initial triage and contact the managing Agent to request that support for employers, injured workers, and anyone else affected by the incident be initiated. The Regulations apply to ‘notifiable incidents,’ which are those that cause death or serious injury. The penalties for serious injuries are the same as those specified in section 37(1) of the OHS Act. The Regulations also apply to specific incidents involving equipment that endangers people in the immediate vicinity (referred to as “dangerous occurrences”).

The following are the incidents:

• the collapse, overturning, failure or malfunction of, or damage to, certain items of plant

• an implosion, explosion or fire.

Unregistered employers to forward claims within 5 days

Employers who are not registered for WorkCover insurance or who are exempt must forwards the claim to the Authority within 5 days. Unregistered employers are subject to the same employer early notification requirements for claims involving mental injury.

Failure to ‘Notifiable Incidents’ penalties

An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware of an incident at a workplace under the employer’s management and control. Failure to comply with the Act’s incident notification requirements can result in fines:

An offence and liable to a fine not exceeding:

• in the case of a natural person, 240 penalty units (at the time of printing)

• in the case of a body corporate, 1200 penalty units (at the time of printing)

Unregistered employers must submit claims within 5 days. Employers who are not registered for WorkCover insurance or who are exempt must report any claims to the Authority within 5 days. Unregistered employers are subject to the same employer early notification requirements for claims involving a mental injury.

An employer must keep a Register of Injuries

On receiving notice of an injury (otherwise than as specified in s18(3) of the Act) an employer must record the specified particulars of the injury to be entered in the register.

For each offence:

• 60 units for individuals (at the time of printing)

• 300 units companies (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 Years

The employer or self-employed person must also provide the Authority with a written record of the incident within 48 hours of being required to notify the Authority, in the form approved in writing by the Authority. The employer or self-employed person must retain a copy of the record for at least 5 years and make a copy available for inspection.

An offence and liable to a fine not exceeding:

• in the case of a natural person, 240 penalty units (at the time of printing)

• in the case of a body corporate, 1200 penalty units (at the time of printing)

Failure to preserve incident sites

An employer or self-employed person who is required to notify the Authority of an incident at a workplace must, without reasonable excuse, ensure that the scene of the incident is not disturbed until WorkCover inspectors arrive.
Penalty:

• 240 penalty units for a natural person (at the time of printing)

• 1200 penalty units for a body corporate (at the time of printing)

If it is a notifiable incident, you must report it to WorkSafe. Serious injury is described in section 37(1) of the Act. If you are uncertain about whether an incident is notifiable under any of the legislative provisions, employers should contact WorkSafe on 132 360 to seek advice.

Important Notice: An offence under this section is an indictable offence and may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

WorkCover Queensland Incident Notification

Reporting of injuries under the Work Health and Safety Act 2011

All employers must report injuries sustained by workers for which workers’ compensation may be payable by the insurer as soon as possible (but no later than 8 business days) after becoming aware of the injury (there are several ways to report or by an approved form).

Failure to report injuries

• regardless of whether the worker makes a claim for workers’ compensation

• even if you do not agree the injury is compensable.

Penalty:

It is an offence not to report the injury within the legislative timeframe unless you have a reasonable excuse. The maximum penalty is 50 penalty units (Amount as of 1 May 2020 – see Section 5 of the Penalties and Sentences Act 1992 (Qld)).

A reasonable excuse for an employer not reporting the injury within 8 business days may include:

• the employer reasonably believes the injury does not meet one or more of the criteria outlined above (e.g. an employer has not been reliably informed about the injury or there is evidence that the injury was not sustained in the course of employment)

• technical or other issues that lead to a short delay in reporting.

Reporting an injury does not imply filing a claim for workers’ compensation. If the insurer receives a workers’ compensation application from one of your employees, they will notify you and decide whether the claim should be accepted or rejected.

Reporting ‘Notifiable Incident’

Employers must notify WorkCover immediately if there’s a work-related death, a serious injury or illness, or a dangerous incident at your place of work or caused by the running of your business.

In an emergency call 000

If it is a notifiable incident under work health and safety laws, you must notify Workplace Health and Safety Queensland (WHSQ) of the incident and you may also need to let WorkCover Queensland know.

Failure to ‘Notifiable Incidents’ penalties

A relevant person must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the relevant activity has happened.

Failure to comply, an employer commits an offence:

Maximum Penalty – 100 penalty units

An employer must keep a Register of Injuries

When a worker sustains an injury for which compensation may be payable, the employer must complete a report in the approved form and submit it to the insurer. Failure of the employer to comply with the duty to report injury (section 133), complete a report, and provide the report to the insurer within 8 business days unless the employer has a reasonable excuse. The employer is guilty of the following offence:

Maximum Penalty – 100 penalty units

Failure to keep ‘Notifiable Incident’ records for at least 5 Years

Employers must keep a record of a notifiable incident for at least 5 years from the date it was notified to the insurer. A record must be kept for each notifiable incident or event.

• must keep a record of each notifiable incident for 5 years after notification – WHS Act s.38(7)

• must keep a record of each serious electrical incident or dangerous electrical event for at least 5 years after notification – ES Reg s.265(6)

Maximum penalty—50 penalty units

Failure to preserve incident sites

The person in charge of relevant premises where a notifiable incident occurred must ensure, to the greatest extent possible, that the scene of the incident is not disturbed until an inspector or police arrive, or until an inspector directs otherwise. Unless it is to provide first aid or to prevent further injury or damage to property. If you do not comply, you will be fined:

Maximum penalty—100 penalty units.

Infringement notices (on-the-spot fines) may be issued by an inspector under the State Penalties Enforcement Act 1999 if the inspector believes, on reasonable grounds, that a person is committing or has committed an infringement notice offence under the legislation. Notices of infringement may be issued to an organisation, an individual, or both. An on-the-spot fine is an alternative to directly prosecuting alleged offenders in court. It’s also known as an infringement notice.

Fines for infringement notice offences range from:

• $144 – $720 for individuals (at the time of printing)

• $720 – $3600 for a business (at the time of printing)

Depending on the degree of seriousness or liability involved, there are four categories of offences for failing to comply with a health and safety duty under the WHS Act and SRWA Act, or an electrical safety duty under the ES Act.

More information here – Division 5 Offences and Penalties/Health and safety duty

ReturnToWorkSA (RTWSA) ‘Incident Notification’

The Return to Work Act 2014 and the Work Health and Safety Act 2012 established a scheme that assists South Australian workers who are injured at work and provides early intervention in work injury claims. Workers must notify their employer of any work-related injury as soon as possible (within 24 hours), either orally or in writing.

Failure to report an ‘Incident’ penalties

The employer must within 5 business days after the receipt of the notice, send a copy of the notice to the insurer, without reasonable excuse fails to comply with this section is guilty of an offence.

Maximum Penalty of $1,500 (at the time of printing).

Employers can contact their claims agent as soon as possible to report a work injury. The claims agent will advise if a mobile claims manager will be assigned. If you are not sure who is your claims agent, you can:

• call RTWSA on 13 18 55

• use RTWSA Claims agent lookup portal

Employers must report certain ‘Notifiable Incidents’

Non-life threatening injuries/issues

• call 1300 365 255, or
• use the notifiable incident form (Do not use this form to report an immediate or imminent life-threatening work-related risk or the death of a person)
• by email.

Life-threatening issues or a death

For serious notifiable incidents, employers need to call  SafeWork SA on 1800 777 209 (24/7 emergency line).

Failure to ‘Notifiable Incidents’ penalties

A person who conducts a business or undertaking (PCBU) or the employer must notify the regulator as soon as they become aware of a notifiable incident arising from the conduct of the business or undertaking. Failure to comply is an offence.

Maximum penalty:

• in the case of an individual—$10,000 (at the time of printing)

• in the case of a body corporate—$50,000 ( at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 Years

PCBU or the employer must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.

Maximum penalty:

• in the case of an individual—$5,000 (at the time of printing)

• in the case of a body corporate—$25,000 (at the time of printing)

Failure to preserve incident sites

The person in charge of a workplace where a notifiable incident has occurred must ensure, to the greatest extent possible, that the scene of the incident is not disturbed until an inspector arrives or until an inspector directs otherwise.

Maximum penalty:

• in the case of an individual—$10,000 (at the time of printing)

• in the case of a body corporate—$50,000 (at the time of printing)

Important Notice:

According to Section 39 of the Work Health and Safety Act 2012, the person in charge of the workplace must ensure that the site, or any plant, substance, structure, or thing where the incident occurred, is not disturbed until an inspector arrives at the site or until the inspector directs otherwise, unless it is necessary to assist an injured person, remove a deceased person, make the area safe, or otherwise.

There are 3 categories of offences for failing to comply with a health and safety duty. More information on Division 5 – Category Offences & Penalties/health and safety duty

WorkSafe ACT ‘Incident Notification’

The workers’ compensation scheme is not managed by the ACT government.  Worker’s compensation coverage is provided to ACT employers by WorkSafe ACT-approved insurers, and it is privately owned and administered. The Workers’ Compensation Act of 1951 establishes a framework for injury treatment and describes the benefits available to workers to encourage them to return to work as quickly as feasible and safely as possible. Workers’ compensation insurance companies in the ACT are required to be regulated by the Workers Compensation Act 1951 and the Work Health and Safety Act 2011. WorkSafe ACT is in charge of enforcing workers’ compensation regulations.

A person conducting a business or undertaking (PCBU) or an employer is responsible for meeting their work-related health and safety requirements, which includes maintaining a current workers’ compensation policy. Employers are required to notify their insurer after receiving a worker’s notice of injury under section 94 of the Act within 48 hours of becoming aware of a workplace injury. If the notice is given orally, the employer must follow up with a written or electronic notification within three days.

An employer must keep a Register of Injuries

It is necessary to keep a record of all injuries. A record of injuries (the register) must be kept at the workplace in a location that is easily accessible to employees. If you do any of the following, you’ll be charged with strict responsibility.

The manager of the mine or quarry, or the occupier of the factory, workshop, office or shop, must ensure the register is kept where it’s accessible.

• Maximum penalty: 50 penalty units (at the time of printing)

A person must not change, damage, deface, remove or otherwise interfere with the register.

• Maximum penalty: 20 penalty units (at the time of printing)

Employers fail to give ‘Injury Notice’

If the employer does not give the injury notice within the time mentioned in section 93 (2) of the Act (Early notification of workplace injury, the employer is liable to pay:

Penalty

• The worker’s weekly compensation from the date of injury until the employer gives the insurer the injury notice.

Uninsured Employer/Liquidator Receiving Injury Notice

If an uninsured employer or Liquidator within 48 hours after receiving the injury notice and fail to give Default Insurance Fund Manager injury notice and commit an offence under the Corporations Act 2001, if not comply each is guilty of an offence:

Maximum Penalty: 50 penalty units (at the time of printing).

The Default Insurance Fund (DI Fund)

The Default Insurance Fund (DI Fund) was formed under the Workers Compensation Act 1951 (the Act) to compensate private-sector workers for accidents sustained while on the job. The Act went into effect on July 1, 2006, and it provides a safety net to cover the costs of workers’ compensation claims submitted by employees in the following situations:

• an employer does not have a workers’ compensation insurance policy and cannot meet the claim costs payable under the Act; or

• an employer’s insurance company is wound up under the Corporations Act or cannot provide the indemnity required to be provided under a compulsory workers’ compensation policy.

Reporting ‘Notifiable Incidents’ to WorkSafe ACT

WorkSafe ACT must be notified as soon as the employer becomes aware of a ‘notifiable occurrence’ that results in death, serious injury or sickness, or a dangerous incident as a result of the conduct of the company or undertaking. Any infection in which employment is a substantial contributing element, including any infection that is reliably traceable to work, must also be reported by the employer.

If a major event or dangerous occurrence (notifiable incident) occurs, the PCBU, employer, or whoever is in charge must first phone WorkSafe ACT:

• Business hours: 02 62073000 and After hours: 0419120028

After the employer has spoken with WorkSafe ACT, within 48 hours of the initial phone call, the employer will need to complete a Notification of Incident form and email it to worksafe@worksafe.act.gov.au

Failure to ‘Notifiable Incidents’ penalties

A PCBU or the employer must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business, or the undertaking has occurred.

Maximum penalty:

• in the case of an individual—$10, 000 (at the time of printing)

• in the case of a body corporate—$50,000 (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 Years

A record of each notifiable incident must be kept by the employer for at least 5 years from the day that notice of the incident is given to the regulator under this section.

Maximum penalty:

• in the case of an individual—$5,000 (at the time of printing)

• in the case of a body corporate—$25,000 (at the time of printing)

Failure to preserve ‘Incident Sites’

A person in charge of or in charge of a workplace where a notifiable incident has happened must ensure, as far as is reasonably feasible, that the site where the incident occurred is not disturbed until an inspector arrives or until an inspector directs otherwise. This does not preclude any action that is necessary to safeguard a person’s health or safety, assist an injured person, or make the location safe.

Maximum penalty:

• in the case of an individual: $10,000 (at the time of printing)

• in the case of a body corporate: $50,000 (at the time of printing)

More information on – Division 5 – Offences and penalties/Health and safety duty

WorkSafe WA ‘Incident Notification’

WorkCover WA is the government agency responsible for regulating and administrating the workers’ compensation scheme in Western Australia under the Workers’ Compensation and Injury Management Act 1981 and Western Australia’s Work Health and Safety Act 2020. It is privately owned and operated with insurers approved by WorkCover WA to offer worker’s compensation coverage to employers in the Act. The Western Australian workers’ compensation and injury management scheme is based on a ‘no-fault’ principle. This means workers are protected under the scheme whether the employer was at fault or negligent.

Under the Workers’ Compensation and Injury Management Act 1981 and Western Australia’s Work Health and Safety Act 2020, WorkCover WA is the government body in charge of regulating and administering the workers’ compensation scheme in Western Australia. It is privately owned and administered, with WorkCover WA-approved insurers providing worker’s compensation coverage to Act companies. Workers’ compensation and injury management in Western Australia is based on a “no-fault” basis. This means that workers are covered by the plan regardless of whether the employer was negligent or not.

Reporting ‘Reportable Injuries’ or ‘Notifiable Incidents’

The Occupational Safety and Health Act 1984 requires businesses to notify WorkSafe WA if their employees suffer certain ‘notifiable’ injuries or any other injury that a medical practitioner considers would keep the employee from working for at least 10 days. Employers can submit an online incident notification form, but if they are unable to do so, they should contact WorkSafe at 1300 307 877. It is strongly advised that you contact your approved insurer for assistance as soon as possible. According to section 23I of the Occupational Safety and Health Act 1984, reportable injuries, such as serious injuries, dangerous occurrences, and work-related deaths, must be reported to WorkSafe as soon as possible. Call 1800 678  198 to report a work-related death, serious life-threatening incident or disease.

Mining, onshore petroleum and geothermal operations must notify the Resources Safety Division of the Department of Mines and Petroleum of any accidents and dangerous incidents.

Failure to ‘Notifiable Incidents’ penalties

The relevant employer is required to report them when they occur in the course of their work. Employers who are relevant include self-employed people, major contractors, and labour-hire firms. If you fail to report a notifiable incident, you could face legal consequences. Certain occupational and infectious illnesses must also be reported to WorkSafe WA. Your organisation may be subject to additional regulatory responsibilities if there is a notifiable injury or a dangerous situation. Contact WorkSafe WA for further information.

A person who conducts a business or undertaking (PCBU) or an employer must quickly notify the regulator if they become aware of a notifiable occurrence arising from the conduct of the business or undertaking.

Penalty:

• for an individual, a fine of $12,500 (at the time of printing)

• for a body corporate, a fine of $55,000 (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 years

A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator.
Penalty:

• for an individual, a fine of $5,500 (at the time of printing)

• for a body corporate, a fine of $30,000 (at the time of printing)

Failure to preserve incident sites

The person in charge of a workplace where a notifiable incident occurred must ensure that the site where the incident occurred is not disturbed until an inspector arrives or until an inspector directs otherwise, as far as is reasonably practical. This does not exclude taking any action necessary to protect a person’s health or safety, assist an injured person, or make the environment safe. Fail to comply is an offence:

Penalty:

• for an individual, a fine of $12,500 (at the time of printing)

• for a body corporate, a fine of $55,000 (at the time of printing)

More information on – Division 5 – Offences and penalties/Health and safety duty

Download a copy of the INTERPRETIVE GUIDELINE Incident notification

Download a copy – Report an incident to WorkSafe Poster

Download a copy of – Report an incident that occurs at a mine to WorkSafe Poster

Download a copy of – Report a petroleum incident or occurrence to WorkSafe

WorkSafe NT ‘Incident Notification’

The Return to Work Act 1986 and Return to Work Regulations 1986, which were replaced by the Work Health Safety (National Uniform Legislation Act 2011) – WHS (NUL) Act in 2011, are the government agency in charge of regulating and managing the Northern Territory’s workers’ compensation scheme. WorkSafe NT-approved insurers provide worker’s compensation coverage to Act-covered businesses, and it is privately owned and administered. The Northern Territory’s workers’ compensation and injury management systems are built on a ‘no-fault’ system. Workers are covered by the scheme regardless of whether the employer was at fault or negligent.

Incident Notification

The Work Health and Safety (National Uniform Legislation) Act – WHS (NUL) Act – mandates that certain notifiable occurrences be reported to NT WorkSafe. The information below will assist you in determining if a work-related injury, illness, or dangerous incident requires notification to NT WorkSafe under the WHS (NUL) Act. Failure to notify a ‘notifiable incident’ is a crime with serious consequences.

Reporting ‘Reportable Injuries’ or Notifiable Incidents

If a person conducting a business or undertaking (PCBU) or an employer becomes aware of a notifiable occurrence originating from the conduct of the business or undertaking, they must promptly notify the regulator. Anyone, whether an employee, a contractor or a member of the public, can be involved in a notifiable incident. Only the most serious health or safety occurrences, and only if they are work-related, must be reported. An incident that occurs at or near a workplace does not need to be reported. Mistakes made in the workplace could have an impact outside of the office. A fatality, a significant illness or injury, or a potentially dangerous scenario can still be reported. Even if no one is hurt, some work-related harmful situations must be reported.

Failure to ‘Notifiable Incidents’ penalties

After becoming aware of a notifiable occurrence arising out of the conduct of the company or enterprise, a PCBU or the employer must ensure that the regulator is notified immediately. Fail to comply is an offence:

Penalty:

• for an individual, a fine of $10,000 (at the time of printing)

• for a body corporate, a fine of $50,000 (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 years

Records of notifiable incidents must be kept for at least five years from the day that notice of the incident is given to the regulator. Penalties apply for failing to comply:
Maximum penalty:

• in the case of an individual – $5,000 (from the time of printing)

• in the case of a body corporate – $25,000 (from the time of printing)

Failure to preserve incident sites

The person in charge of a workplace where a notifiable incident occurred must ensure that the site where the incident occurred is not disturbed until an inspector arrives or until an inspector directs otherwise, as far as is reasonably practical. This does not exclude taking any action necessary to protect a person’s health or safety, assist an injured person, or make the environment safe. It is an offence to refuse to comply:

Maximum penalty:

• in the case of an individual – $10,000 (at the time of printing)

• in the case of a body corporate – $50,000 (at the time of printing)

More information on – Division 5 – Offences and penalties/Health and safety duty

WorkSafe TAS ‘Incident Notification’

Under the Workers Rehabilitation and Compensation Act 1988, WorkSafe TAS is responsible for regulating and administering the workers’ compensation scheme, including occupational health and safety, as well as workers’ compensation legislation. The Workers Rehabilitation and Compensation Regulations 2021 and the Work Health and Safety Act 2012 both support the Act. The Workers Rehabilitation and Compensation Act 1988 governs workers’ compensation in Tasmania. The worker’s employment must have contributed to a substantial degree.

This Act has two main purposes:

• to return an injured or sick worker to work as quickly and safely as possible

• to ensure an injured or sick worker is compensated for lost wages, medical and other expenses while they are unable to work, and that the dependants of a deceased worker are compensated.

WorkSafe Tasmania is privately owned and operates with approved insurers to provide workers’ compensation coverage to employers under the Act. The workers’ compensation and injury management scheme in Tasmania is based on a “no-fault” principle. This means that regardless of whether or not the employer was irresponsible, workers are covered by the scheme.

Reporting The Incident

Incidents involving an injury or illness where workers’ compensation could be claimed must be reported to the employer’s licensed insurer within 3 days of becoming aware of the incident.

An employer must keep a ‘Register of Injuries’

When an employer receives notice of an injury, the information must be entered into the company’s register of injuries. If a worker reports an injury to the employer, the employer must notify the worker, in writing, within 14 days that the worker may be entitled to compensation in relation to the injury. Fail to comply is an offence:

Penalty: Fine not exceeding 10 penalty units

Reporting ‘Notifiable Incident’

If the incident is notifiable, contact WorkSafe Tasmania:

• 1300 366 322 (inside Tasmania) or

• 03 6166 4600 (outside Tasmania)

Employers need to notify their insurer of all incidents within 3 days.

Failure to ‘Notifiable Incidents’ penalties

A person who conducts a business or undertaking (PCBU) or the employer must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Penalty: In the case of –

• an individual, a fine not exceeding $10,000 (at the time of printing)

• a body corporate, a fine not exceeding $50,000 (at the time of printing)

Failure to keep ‘Notifiable Incident’ records for at least 5 years

A person conducting a business or undertaking must keep a record of each notifiable incident for
at least 5 years from the day that notice of the incident is given to the regulator.
Penalty: In the case of –

• an individual, a fine not exceeding $5,000 (at the time of printing)

• a body corporate, a fine not exceeding $25,000 (at the time of printing)

Failure to preserve incident sites

The person with management or control of a workplace at which a notifiable incident has
occurred must ensure so far as is reasonably practicable, that the site where the incident
occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs. Penalty: In the case of –

• an individual, a fine not exceeding $10,000 (at the time of printing)

• a body corporate, a fine not exceeding $50,000 (at the time of printing)

More information on – Division 5 – Offences and penalties/Health and safety duty

Written by Yon Ta, updated 14/03/2023

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Disclaimer:

The information presented in this post, article or book is intended solely for informational and educational purposes and should not be considered legal advice. It does not express specific opinions on individual cases. Before taking any action based on the information provided, it is strongly advised to seek additional professional advice. This information should only be used to gain a better understanding of how Workers’ Compensation insurance functions and is purely illustrative. My WorkCover Solutions Pty Ltd disclaims any liability for any losses or damage resulting from the use of or reliance upon the information provided. The information in this article is believed to be accurate as of its publication date. However, please note that changes in applicable laws may affect its accuracy. This article provides general information and does not take into account any specific person’s circumstances. It may contain information about Workers’ Compensation insurance regulations in your State or Territory. To ensure compliance with legal obligations, it is recommended to refer to the current legislation in force in the State or Territory where your business operates. Up-to-date legislation can be found on the respective WorkCover Authority websites for each state or by contacting myWorkCover for updated information.