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

Victoria's New Psychosocial Regulations are Imminent

By admin • September 9, 2025
It has been a long time coming, and the promised released date for Victoria's new Occupational Health and Safety (OHS) Psychological Health Regulations is imminent. These regulations, which are anticipated to be released in October and to come into effect on 1 December 2025 , aim to address the growing recognition of psychosocial hazards in the workplace. What Are Psychosocial Hazards? Psychosocial hazards refer to workplace factors that can negatively impact an individual’s mental health and well-being. These include, but are not limited to: Workplace bullying High job demands or low job control Poor workplace relationships Exposure to traumatic events Discrimination or harassment Such hazards can lead to stress, anxiety, depression, and other mental health challenges, which not only affect individuals but also reduce workplace productivity and morale. They can also lead to catastrophic consequences for some individuals. Why are new Psychosocial Regulations being introduced? The Victorian government has responded to recommendations made by the Boland Review of WHS, the Royal Commission into Victoria’s Mental Health System and the Productivity Commission Inquiry into Mental Health. There is already a legal obligation under the existing Occupational Health and Safety Act 2004 (OHS Act): employers must provide and maintain a working environment for their employees, including contractors, that is safe and without risks to health, so far as reasonably practicable. In addition, in Section 5 of the OHS Act, health is defined as including psychological health. However, there is limited guidance in Victoria as to how this should be done. The new Regulations are intended to close this gap. The new regulations are designed to ensure that employers take proactive steps to identify, assess, and manage psychosocial risks. They will dictate how an employer must identify and control psychosocial risks in the same way that they manage physical hazards. This includes a risk management approach to these hazards and how to implement measures to prevent harm and create a supportive work environment. A Compliance Code will accompany the regulations, providing practical guidance for employers on how to meet their obligations. This will include strategies for risk assessment, consultation with employees, and implementing controls. How Can You Prepare? Review your safety structures in your workplace – do you have elected Health and Safety Representative, Designated Work Groups and Health and Safety Committees - and are they working well? Ensure your reporting and consultation processes are sufficient and working well. Remember that open communication is key and that you have a legal obligation to consult with your employees on any changes which may affect their health and safety in the workplace. Review your existing policies and procedures – are there policies around bullying, harassment and workload management? Make sure your general OHS knowledge base is strong. This might mean looking at your existing training . Are workers, HSR’s, supervisors, managers and the leadership team all up to speed on their rights and obligations under the OHS Act? BeSafe Victoria can help you with HSR training, refreshers and leaders OHS training. HSR Training Courses | BeSafe | Regional Victoria Take a look at Psychological health | WorkSafe Victoria and utilise the WorkWell toolkit at WorkWell Toolkit | WorkSafe Victoria Start to plan how you will implement a training schedule once the Regulations are released. Watch this space – BeSafe will be developing a course to bring you up to speed once we have the Regulations and Compliance Code. Reach out if you are interested in being notified once this is available: HSR Training and support | BeSafe | Regional Victoria As always, if you need any help, reach out to BeSafe on 0467 002 060 or admin@besafevictoria.com.au

New apprentice supervision requirements

By admin • September 1, 2025
New electrical apprentice supervision requirements come into effect in Victoria on September 1 st 2025. It is the role of employer to supervise their apprentices, and this is vital to ensuring their safety in all industries - including electrical apprentices. There have been 5 electrical apprentice deaths in the last 10 years in Victoria alone. It is hoped that the new changes will improve safety and make an impact to prevent electrocution fatalities. The new apprentice supervision requirements will bring Victoria alignment with other states, and the changes include supervision rations and the level of supervision required when an apprentice is undertaking certain tasks. It is now mandatory for the employer to provide any person who is in a supervisory role with a copy of the supervision requirements. These requirements apply to supervision standards only while doing electrical work. The usual OHS standards apply when the apprentice is undertaking other non-electrical work on-site – keeping in mind that the OHS Act does include requirements around supervision also. The new apprentice supervision requirements mandate direct 1:1 supervision when carrying out electrical work. This means 1 supervisor to 1 apprentice and with constant visual contact when carrying out high risk tasks. It is no longer good enough to supervise 2 apprentices at once, or to be ‘within earshot’. There is a grading system for how much supervision is required, which depends on the experience of the apprentice and the tasks being undertaken. For example, 1 st year apprentices must be under 1:1 supervision at all times but will move to reduced supervision as they gain experience throughout their apprenticeship. However, high risk tasks will always require direct 1:1 visual supervision. Work on or near any live or energised equipment must not be performed by any apprentice. However, a fourth-year apprentice may perform fault finding – but only under direct 1:1 supervision. There are very prescriptive requirements which are now in place and must be followed. These changed requirements are intended to ensure the safety of the electrical industry’s most vulnerable workers. For more information, have a look at the video below, or take a look at: Requirements for the effective supervision of apprentice electricians | Energy Safe Victoria