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

Working Alone on Farms

By admin • June 10, 2025
Farm workers are often working alone and in an isolated location where there is no assistance from others and often limited or no communication. Remote or isolated work often includes working alone and outdoors and it may be difficult to get help in an emergency. Access can be long and difficult and there may be limited access to resources. On top of this, there is less access to support networks and communication and technology may be unreliable or absent. All these factors can add to the risk of the work. These unique challenges should all form part of the thinking when working to create a safer workplace for those working on farms. The duty to provide a safe workplace sits with the employer, who has a legal requirement to provide a safe workplace for the workers on the farm. Often the employer may also work on the farm themselves, and the same hazards will pose a risk to them too. Implementing some controls to help reduce the risk of working alone on farms can help ensure that everyone gets home alive and well, including the employer/ farm owner. The control measures will depend on the exact type of work being conducted on the farm, but things to think about may include: Monitoring weather conditions and emergency warnings Ensuring some form of communication is available Providing personal distress beacons Ensuring all personnel have a first aid kit and are trained in how to use it Implementing a buddy system to reduce the time spent working alone Additional training provided to reduce the impact of isolated work Mental health support Farming will usually involve work which is dangerous, including machinery, powerlines, heights, animals, chemicals, and the list goes on. All these risks need to be controlled to a level which is reasonably practicable, but they become more dangerous when the worker is working alone or in an isolated location. Often even the most basic issue is not adequately dealt with – how to call for help? One of the most important issues is to consider is: Is there are reliable means of emergency communication? You must consider how you will know if something has gone wrong and how to locate the person in the case of an emergency. You may like to think about: Is there a check in procedure? Do you have a location system? Do you have a satellite communication or radio if there is no phone signal? Do you have an Emergency Locator Beacon with GPS for use in case of an emergency? If you have mobile coverage, have you considered using Emergency Phone Apps?  For more information on this topic, including on how to develop emergency procedures, take a look at: Working alone on farms | WorkSafe Victoria and Working alone or in remote areas | Safe Work Australia It really is important to take the time to consider the risk of working on farms, especially when alone and in isolation. Not only do we need to do this to fulfil the legal duties under the OHS Act - but most of all, to make sure we all make it home at the end of the day.

Notorious Elevated Work Platforms

By admin • June 3, 2025
Elevated Work Platforms (EWP’s ) can take a number of forms including scissor lifts, vertical mast lifts and the various types of boom lifts/ cherry pickers. But no-matter which type, EWP’s are notorious - being responsible for deaths and injuries in the workplace. Recently in Victoria, there was a tragic incident which resulted in the death of an employee. The use of an EWP can expose an operator to multiple hazards, including: Electrical Crushing Falls Overturning Water Falling objects Collision Environmental hazards All people who are involved in the use of an EWP must be trained, competent and supervised. This includes the operator and the observer or spotter. For boom type EWP’s, a High Risk Work License (HRWL) is also required. Electrical Spotters training is also required if the EWP will be operated in an area where there are power lines. Use of EWP’s which classify as High Risk Construction Work will also require work to be conducted in accordance with a Safe Work Method Statement (SWMS). The use of harnesses may also be required and training in their use must be provided. Inspections and maintenance of the EWP must be undertaken, including pre-start checklists and procedures. There must be emergency procedures in place, including training in these procedures. Above all, a person operating an EWP must never work alone. When planning to use an EWP - The same principles apply as with all OHS matters – That is, that hazards must be identified and controlled, in line with the hierarchy of control. The employer has a duty to use the highest order control to protect their workers from harm. For more information on the use of Elevated Work Platforms, visit: Elevating-work-platforms-edition-4-2023-06.pdf or contact BeSafe Victoria HSR Training and support | BeSafe | Regional Victoria