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

Why Veterinary Teams Need Psychological Safety Training

By admin • June 9, 2026
The veterinary profession can be one of the most rewarding careers, but it’s also one of the most emotionally and mentally demanding. Behind the compassion, skill, and dedication lies a reality many outside the industry don’t see: long hours, emotionally charged cases, financial pressures, and the emotional toll of euthanasia and client grief. With Victoria’s new psychological health regulations now in effect (as of December 2025), workplaces must manage psychological risks with the same seriousness as physical hazards. For veterinary practices, this is not just a compliance requirement, it’s a lifeline for the wellbeing of their teams. The Hidden Pressures in Veterinary Work Veterinary professionals may face a multitude of psychosocial hazards, including: Exposure to traumatic events Aggression and violence High job demands and time pressure Low job control Remote or isolated work Poor workplace relationships and minimal support Moral and ethical dilemmas are also a feature of the work as well as the exposure to grief and loss. Thinking of Veterinarians as first responders can help to understand the types of psychosocial hazards which they face. These factors can lead to burnout, compassion fatigue, anxiety, depression, and tragically, higher-than-average suicide rates in the profession. Suicide rates are up to four times higher than the general population, making the industry’s psychological hazards the most common fatal risk in the veterinary workplace. Why BeSafe Victoria’s Training Matters BeSafe Victoria’s psychosocial safety training is a new course designed to help participant’s: Understand the Psychological Health Compliance Code Identify psychosocial hazards Follow a risk management process for psychosocial hazards Implement practical controls Ensure consultation is compliant and effective At BeSafe Victoria, we deliver training designed by WorkSafe for Health and Safety Representatives. However, it is also an excellent course for leaders and teams to ensure the psychological safety of their workplace. In turn, this helps us all to work towards improved psychological outcomes for Veterinarians and the industry more broadly. The Benefits for Veterinary Practices Investing in psychological safety training can: Ensure compliance with the OHS legislation Improve staff retention and team morale Improve the psychological health of veterinary teams Enhance team consultation, collaboration and trust Reduce rates of psychological harm Contact us to find out more about our courses and how we can help you. This may include providing advice on designated work groups, electing HSRs, or delivering training. Please reach out on 0467 002 060 or info@besafevictoria.com.au

NEW Changes to PINs

By admin • June 1, 2026
Maintaining a safe workplace is a legal and moral obligation. One of the most powerful tools available to workers, specifically Health and Safety Representatives (HSRs), is the Provisional Improvement Notice (PIN) . Used correctly, PINs can quickly resolve safety issues and ensure compliance with the Occupational Health and Safety Act 2004 (Vic) . There have been recent changes made to the PIN notice and we recommend that HSRs now use the new version. Summary of NEW Changes: Part 5 has been modified to include tick boxes for each of OHS Act, OHS regulations or the Psychological Health Regulations to be selected by the HSR Part 6 has been modified to include whether the safety issue is a contravention relating to a physical or psychological hazard What is a PIN? A Provisional Improvement Notice (PIN) is a formal written notice issued by an HSR to address a workplace health and safety issue. It is used when consultation with the employer has failed to resolve a problem. *In Victoria, an HSR can issue a PIN whether or not they have completed an HSR training course. This is different to other jurisdictions. Under Victorian law, an HSR can issue a PIN if they believe, on reasonable grounds, that: A provision of the OHS Act or regulations is being breached, or A breach has occurred and is likely to continue or happen again The purpose of a PIN is simple: To require action to fix a safety problem and prevent harm to workers. It is a legal document which the employer must respond to. Who Can Issue a PIN? Health and Safety Representative (HSR)’s can issue a PIN. *Don’t forget that Victorian HSRs can issue a PIN even if they haven’t yet had the opportunity to get into a 5 Day Initial OHS Training Course. (Although obviously HSRs are best to complete their training as soon as possible so that they can fully understand the OHS Act and their role.) An HSR must: Represent a designated work group (DWG) Have reasonable grounds to believe a breach exists Consult with the employer first before issuing the notice When Should a PIN Be Used? A PIN should be used as a last resort, after attempts to resolve the issue through consultation have failed. An HSR can choose to issue a PIN notice if the duty holder is contravening any provision of the OHS Act or any of the Regulations, or if the duty holder is believed to have been in contravention and it is likely that the contravention will continue or be repeated. But, they must have first consulted with the duty holder. Remember that for immediate or serious risks , a PIN may not be appropriate. In those cases, an HSR can direct work to cease under the Act. How to Issue a PIN 1. Identify the Issue Clearly identify the hazard or breach of the OHS Act or Regulations. 2. Consult with the Employer Before issuing a PIN, the HSR must consult with the employer or the person responsible and give them a chance to fix the problem. Where such consultations are ineffective, the employer refuses to consult and / or the HSR believes that the safety issue will continue, then the HSR may issue a PIN. 3. Complete the PIN It is not compulsory to use the WorkSafe Victoria PIN form, but it does make life easier. You can find it here: Provisional-improvement-notice-form-2026-05.pdf A valid PIN must include: Section 1 – fill out the details of the elected HSR under the OHS act (or the elected deputy HSR if the HSR is unavailable) Section 2 – fill out the details of the duty holder. Most commonly, this will be your employer. Section 3 – tick that you have consulted with your employer or their representative prior to issuing the PIN. It is a good idea to keep a written record of the consultation or attempted consultation. Section 4 – fill out the details of the person (employer representative) to whom you are giving the PIN. Section 5 – fill out which sections of The Act or The Regulations are believed to have been contravened. You can only include one health and safety issue on a PIN notice. If there are more than one, you will need to issue a separate PIN notice for each issue. Tick the box to make clear if the contravention relates to the OHS Act, the OHS Regulations or the Psychological Regulations. Section 6 – provide detail of the contravention. Include the site location ie: the actual area of the workplace where you believe the contravention to be occurring. State whether the PIN relates to a physical or psychological hazard. Section 7 – optional – you may fill out suggestions as to how the safety issue can be fixed if you wish, but this is not required. Section 8 – sign and date the form. Provide a compliance date that is AT LEAST 8 days after the PIN issue date. Make sure the timeframe is reasonable. 4. Issue the Notice The PIN must be delivered to the person you state in Section 4. It can be delivered in person, by post or other formal delivery methods. Don't forget to keep a copy of the PIN for your own records. What Happens After a PIN Is Issued? Once a PIN is issued, the recipient has legal obligations. They must: Bring the notice to the attention of their employer (if the person is an employee). Bring the notice to the attention of persons whose work is affected by the notice, including informing affected workers. Display the PIN in a prominent place in the workplace. Fix the issue by the specified compliance date. Failure to comply is an offence under the OHS Act , and penalties may apply. Can the duty holder dispute the PIN? If the employer (or recipient) disagrees with the PIN, they can contact WorkSafe Victoria and request an inspector review within 7 days of receiving the PIN. If no review is requested within 7 days, the PIN remains legally enforceable. What does an HSR do if the employer does not comply? If the employer has not complied with the PIN within the specified timeframe or if the employer’s intention is not to comply, then the HSR can call WorkSafe Advisory Service and arrange for an inspector to visit the workplace. The inspector can then: Confirm the PIN Modify it Cancel it Support and Advice If you need support and advice on how to issue a PIN, you can contact: WorkSafe Advisory 1800136089 WorkSafe HSR Support Officers HSRSO@worksafe.vic.gov.au Your Union BeSafe Victoria info@besafevictoria.com.au PINs are an important mechanism for preventing injuries and saving lives . They are a powerful and practical tool in Victoria’s workplace safety system. For HSRs, understanding when and how to use a PIN is essential. For employers, knowing how to respond to PINs promptly and effectively is vital. If you need training to understand more, contact us: info@besafevictoria.com.au 0467002060