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 Refresher Training Matters

By admin • May 18, 2026
At BeSafe Victoria, we love seeing how much our Health and Safety Representatives (HSRs) get out of returning for Refresher Training. There is no doubt in our minds that HSR Refresher Training is really valuable, and we absolutely love seeing old and new participants come in to share their experiences too. There have been significant changes to legislation and OHS requirements and most recently the introduction of the Psychological Health Regulations. We now deliver the brand new WorkSafe Approved Refresher Course focusing on Psychosocial Hazards and have seen how beneficial this new course is to HSRs, who take their new-found knowledge back to their workplaces. HSRs play a vital role in protecting the wellbeing of their colleagues. They are the bridge between workers and management, ensuring that safety concerns are heard, understood, and acted upon. While completing the Initial HSR Training is a great start, refresher training is just as important and in fact, it’s an entitlement under the Occupational Health and Safety Act 2004 for all HSRs and deputy HSRs. 1. Keeping Knowledge Current Workplace safety laws, industry standards, and best practices evolve over time. Annual refresher training ensures HSRs stay up to date with: Changes to OHS legislation in Victoria New hazard control methods and technologies Updated WorkSafe guidance and compliance expectations This means HSRs can confidently apply the most current safety strategies in their workplace. 2. Strengthening Confidence and Skills Even the most experienced HSR can benefit from revisiting core principles. Refresher courses: Reinforce understanding of the role of HSRs Provide practical tools for effective consultation and issue resolution Build confidence in raising and addressing safety concerns 3. Creating Space for Real-World Problem Solving Refresher training offers a collaborative environment where HSRs can: Share experiences and challenges with peers from other workplaces Learn from real-life case studies Explore solutions to complex safety issues This peer-to-peer learning often sparks new ideas that can be applied immediately back on the job. 4. Strengthening Workplace Safety Culture When HSRs are well-trained and confident, they inspire others to take safety seriously. Regular refreshers: Demonstrate a commitment to continuous improvement Encourage open conversations about hazards Help embed safety as a shared responsibility across the workplace Your Right to Attend In Victoria, HSRs are entitled to attend a one-day refresher training each year, and employers must allow this. Choosing a WorkSafe-approved provider ensures the training meets standards and delivers practical, relevant content. Employers who encourage attendance know that HSR refresher training isn’t just a box to tick, it’s an investment in safer, healthier workplaces. By keeping skills sharp and knowledge current, HSRs can continue to be strong advocates for their colleagues and champions of workplace safety. They can play a key role in helping the employer to ensure the workplace is safe and to be compliant with consultation obligations under the OHS Act. At BeSafe, we can deliver training throughout Victoria. We have listed courses on our website, but these are only the tip of the iceberg! We can book in courses on demand in any location and we can even come and deliver a course on-site at your workplace. Don't forget we also offer free support after your course too!  Get in touch with us: 0407002060 info@besafevictoria.com.au

International Workers Memorial Day

By admin • May 5, 2026
On 28 April 2026 , BeSafe joined those gathered at Argyle Square, Carlton , to mark International Workers’ Memorial Day (IWMD) in Melbourne. The ceremony honoured those who have lost their lives due to workplace injury or illness and renewed a shared commitment to safer, healthier workplaces. The service began with speeches made by The Secretary of Victorian Trades Hall Council (VTHC) Luke Hilikari, Premier Jacinta Allen, WorkSafe CEO Cathy Henderson and Lived Experience Advocate Lana Cormie. Assistant Secretary of VTHC Wil Stracke was the MC for the occasion and the Trade Union Choir sang throughout. The most moving part of the service was, as always, the boot laying ceremony. This year, 60 pairs of boots were laid to represent the workers lost in the past 12 months. Finally, a rose was laid to represent those who are not counted - in recognition that the numbers are vastly underestimated and many workplace deaths are not recorded in the official statistics. The vision of 60 pairs of boots sitting upon stools in the park is profoundly tragic and deeply moving. A minutes silence marked the moment. This was followed by attendees laying wreaths to honour the fallen workers. The speeches included messages of regret and sorrow, but also a call to action – as we can only truly honour the dead if we take action to ensure the safety of the workers of the future.  “ Honour the dead, and fight like hell for the living .” At BeSafe, we are passionate about workers’ safety and we will continue to do anything we can to improve the safety of all Victorian workplaces. For more on this: Strong union message at workers’ memorial — Independent Education Union Victoria Tasmania STRONG MESSAGE TO COMMEMORATE FALLEN WORKERS ON IWMD - OHS Reps