Failure to report a notifiable incident is an offence

admin • May 20, 2025

Section 38 of the Occupational Health and Safety Act 2004 imposes a legal duty on employers to notify of incidents:


"An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self-employed person. s38(1)

The employer must notify immediately by calling WorkSafe by calling 13 23 60, at which time they will be given a reference number. Thie reference number serves as proof that the employer did immediately notify the regulator." s38


The employer must fill out an incident notification form (found at Incident notification form | WorkSafe Victoria) and this form must be submitted within 48 hours of the incident occurring.


Failure to notify is a breach of legal duty and the offence can result in prosecution.


It is also a legal duty for the employer to preserve the site of the incident. Failure to preserve the scene is an indictable offence under section 39 of the OHS Act.


So, what classifies as a notifiable incident?

Any of the following:

1.     Death

2.     Exposure to a substance resulting in a need for medical treatment within 48 hours

3.     Any incident resulting in the need for immediate in-patient hospital treatment

4.     Any incident result in the need for immediate medical treatment for any of the injuries listed:

a.     Amputation

b.    Serious head injury

c.     Serious eye injury

d.    Removal of skin (eg: scalping, degloving)

e.     Electric shock

f.       Spinal injury

g.     Loss of bodily function

h.     Serious lacerations (ie: requiring stitching or other medical treatment)

5.     Any incident through which a person is at serious risk as a result of exposure to an:

a.     Uncontrolled escape, spillage, or leakage of a substance

b.    Implosion, explosion or fire

c.     Electric shock

d.    Fall or release from height of any plant, substance or thing

e.     Incident involving plant (collapse, overturning, failure or malfunction) as per OHS Regulations

f.       Collapse or failure of an excavation or mine (or of any shoring support)

g.     In-rush of water, mud or gas into an excavation, tunnel or mine

h.     Interruption of ventilation in a mine, excavation or tunnel

i.       Any incident involving dangerous goods or explosives


WorkSafe has a straightforward guide on the process here: Report an incident | WorkSafe Victoria


Don’t forget that as Health and Safety representative, you have the right to access information in relation to incidents which affect your DWG. For more information on this topic, take a look at previous articles relating to relating to HSR’s entitlements to access information: HSR Training & Workplace Safety | BeSafe | Reg. Vic. 

For more detail on this, visit Obligations of an employer to health and safety representatives | WorkSafe Victoria

As always, you are welcome to get in touch with us for a chat HSR Training and support | BeSafe | Regional Victoria

NEW HSR Refresher OHS Training Course - Aggression or Violence

By admin • August 10, 2026
BeSafe Victoria is pleased to announce the upcoming delivery of a new Health and Safety Representative (HSR) Refresher OHS Training Course focused on Aggression and Violence in the workplace . This is a brand new WorkSafe developed training course, which equips HSRs with practical knowledge and skills to address one of the most significant psychosocial hazards facing Victorian workplaces today. Workplace aggression and violence can occur in any industry and the impacts can be both physical and psychological, not only affecting the person directly involved but also those who witness or are exposed to these incidents. Impacts also extend beyond the workplace to affect family and community. The new course explores aggression and violence through a risk management lens, building skills in hazard identification, assessing risks, finding effective controls and in contributing to effective workplace consultation. The training aligns with the growing emphasis on managing psychosocial hazards and reflects contemporary workplace health and safety expectations, including the management of aggression and violence as a workplace risk. The knowledge gained is important in ensuring that legal obligations, including those relating to the Psychological Health Regulations, are met and that workplaces are safe. As always, BeSafe Victoria is committed to providing engaging, practical and relevant training. This new refresher course offers an excellent opportunity for participants to strengthen their knowledge, build confidence in addressing workplace risks and return to their workplaces with practical strategies for supporting safer work environments. Bookings for this new HSR Refresher OHS Training Course on Aggression and Violence will be available soon. To register your interest, go to HSR Training and support | BeSafe | Regional Victoria or email us at info@besafevictoria.com.au  We look forward to helping you create safer, healthier and more respectful workplaces across Victoria.

Working in the cold

By admin • July 27, 2026
When Winter sweeps across Victoria, temperatures can drop sharply, especially in regional areas and early mornings. For outdoor workers, or those in cold storage and refrigerated environments, these conditions aren’t just uncomfortable, they can be dangerous if not managed properly. Working in a cold environment can lead to: Hypothermia : when body temperature drops below safe levels. Frostbite : damage to skin and tissue from freezing. Reduced dexterity : making tasks harder and increasing risk of incidents. Slips and falls : from ice, frost, or wet surfaces. Fatigue : as the body works harder to stay warm. Increase in prevalence of other conditions: such as arthritis and bronchitis. Under the Victorian Occupational Health and Safety Act 2004 (The Act), employers must provide a safe working environment. This includes: Identifying cold-related hazards. Implementing control measures to eliminate or reduce the risk as far as reasonably practicable. Follow a risk management process in relation to the hazard. Consult with your workforce throughout the process. When you have identified that you have a cold hazard in your workplace, you must control the risk as far as reasonably practicable. As, always this means working through the Hierarchy of Control from top to bottom. Here are some ways you could think about controlling the cold hazard in your workplace: Eliminate: Think about changing work scheduling if weather is extreme. Substitute: Think about whether you could move the work to another location. Isolate: Protect the workers from the cold, for example by providing shelter. Engineer: Can you provide heating or insulation in this work situation? Administrative controls: Could include changes to the workflow or rosters. Training must be provided, including training in the signs of cold stress and treatment. PPE: Such as weatherproof clothing, hats, face covers, boots, and allowing for drying or replacement of gear.  Don’t forget that, under The Act, Consultation must be undertaken at every step of the process. Monitoring of the controls must also occur, especially as conditions change. Frosts and wind chill factor should be taken into account, as well as seasonal or unexpected weather changes. Cold conditions in Victoria can be managed with the right planning, clothing, and awareness. Employers and workers share the responsibility to ensure everyone stays safe, warm, and healthy through the winter months. Health and safety representatives are a key part of the co-operative process required to create safe workplaces. For more information on this topic, take a look at: Cold - OHS Reps Extreme cold | Comcare For specific guidance regarding cold storage facilities: Safe operation of cold storage facilities: A handbook for workplaces | WorkSafe Victoria