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


By admin February 2, 2026
The 9 th February 2014 was the day that The Hazelwood mine caught fire. It was during a period of extreme fire danger that a bushfire started nearby and sent embers into the open cut coal mine. The fire burnt out of control for 45 days and it took another 72 days for the fire to be put out. The impact on the community and on the workers who helped to fight the fire was horrific. The fire was a large scale environmental and health disaster, with ongoing ramifications for those in the vicinity. It would later become the subject of an inquiry, multiple prosecutions and has been the subject of two books by Tom Doig which make very interesting reading. From an OHS perspective, this event makes an interesting case study. The fire was preventable, and the safety failures resulted in workers being exposed to hazardous conditions, with long term effects. Firefighters and mine personnel faced extreme occupational hazards while responding to the event. These included toxic smoke inhalation, fatigue from prolonged shifts, extreme heat exposure and direct contact with burning coal and ash. Also impacted were volunteers and emergency personnel, as well as members of the public. Inadequate PPE, lack of training and inadequate water infrastructure all added to the hazardous conditions. The physical and psychological impacts continue to this day. It was found that there had been systemic failures in Occupational Health and Safety at the site. The mine operator (Hazelwood Power company, co-owned by Engie and Mitsui & Co) was found to have failed to: Adequately assess the risk of fire in the mine, as a result of external sources such as bushfires Adequately maintain vegetation buffers Have sufficient firefighting water infrastructure Have sufficient and adequately skilled staff on site to respond to fire Have an updated fire mitigation plan and to activate it during periods of extreme fire danger In the words of Colin Radford, WorkSafe CEO: "This was an entirely foreseeable event that has led to significant adverse health impacts” The adverse health impacts were felt by workers and by the broader community. The massive smoke plumes which blanketed Morwell and the Latrobe valley for a prolonged period resulted in many suffering acute and chronic health effects. The Hazelwood mine fire exposed issues with crisis management, safety and health governance and emergency response. The operator of the mine, Hazlewood Power Corporation Pty Ltd was eventually prosecuted by WorkSafe and found guilty and fined. The penalty was $1.56 million for breaching sections 21 and 23 of the Occupational Health and Safety Act. Hazelwood Pacific Pty Ltd, Australian Power Partners B.V, Hazelwood Churchill Pty Ltd and National Power Australia were found guilty of breaching the Environment Protection Act. They each were fined $95,000 for offences relating to pollution, totalling $380,000. There continues to be ongoing environmental concerns regarding the remaining mine pit. The owner of the mine, French owned company Engie, is required to rehabilitate the site of the now closed open-cut pit. The process for determining the appropriate 'rehabilitation' is still ongoing, with concerns regarding the use of the Latrobe River water for this purpose, the instability of the pit and potential toxicity of the water. The hazards associated with this mine continue to cause concern. For those interested in finding out more about the Hazelwood Mine disaster, Tom Doig’s books are highly recommended reading: Hazelwood by Tom Doig - Penguin Books Australia The Coal Face: Penguin Special by Tom Doig - Penguin Books Australia For more information relating to the ongoing Hazelwood concerns, take a look at: Hazelwood Mine Rehabilitation – Update 2025 Hazelwood Rehabilitation Project
By admin January 27, 2026
Australia is a fire-prone country, and workplaces in many areas are at risk of being impacted by bushfires in some way. The effects of bushfires may include direct exposure to fire, as well as smoke exposure and psychological impacts. As with any workplace hazard, employers have a duty to manage and control the risk of injury. A bushfire risk assessment should therefore be undertaken. Through this process, employers should: Identify whether there is a potential bushfire hazard Assess the risk of bushfires affecting the health and safety of workers, including smoke exposure Identify appropriate control measures Review control measures to ensure they are effective and that no new hazards have been introduced Consultation with workers should occur at each stage of this process. When developing a bushfire risk assessment and policy, employers should consider the following: How will fire danger ratings be monitored throughout the bushfire season? How vulnerable is the workplace location? What actions will be taken on days of extreme or catastrophic fire danger? Are there workers who travel for work or spend significant time on the road? Are there workers who operate alone or in isolated locations? What emergency and evacuation plans are in place? Once a bushfire policy has been developed in consultation with workers, appropriate training must be provided. Employers are legally required to ensure workers receive the necessary information, instruction, and training to remain safe at work, including in relation to bushfire risks. For more information, take a look at: Working outside - Working near bushfires | Safe Work Australia