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

Employers duties in relation to HSRs

By admin • October 13, 2025
Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace. Who Are HSRs? HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them... Key Employer Duties Toward HSRs Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill: 1.Allowing HSRs to access information. Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to: The health and safety of members of their DWG Actual or potential hazards in the workplace Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively. 2. Allow HSRs to be present at interviews HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector. 3. Allow HSRs to have time off work with pay The employer must provide paid time for the HSR to Do any work which involves them exercising their powers under The Act Completing any WorkSafe approved training (with 14 days notice) 4. Providing facilities and assistance The employer must enable the HSR to exercise their powers by providing any facilities and assistance required. 5. Allow access of persons providing assistance to HSRs The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters. 6. Display a written list of HSRs The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees. 7. Facilitating Training Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria ) and refresher courses annually. Employers are responsible for: Covering the cost of training Allowing paid leave for HSRs to attend training Allowing HSRs to choose their training provider 7. Allow HSRs to p erform all of their Functions according to their powers under the OHS Act This includes all the powers outlined in our blog on the Powers of HSR's. 8. Consulting with HSRs Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes: Changes to workplace processes, equipment, or systems Development or review of safety policies and procedures Risk assessments and control measures 9. Protecting HSRs from Discrimination HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role. Why These Duties Matter Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they: Reduce workplace injuries and illnesses. Foster trust and collaboration between workers and management. Enhance overall productivity and morale. Penalties for Non-Compliance Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards. Conclusion Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business. If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.

Victoria's Psychological Health Regulations have landed - and the Compliance Code

By admin • October 10, 2025
The long-awaited Psychosocial Regulations have been released and now form part of the Victorian OHS Regulatory Framework. Accompanying this release is a new Compliance Code for psychological health – and here you will find the practical guidance you need. In the compliance code, there are the details as to how to comply with OHS duties set out by The Occupational Health and Safety Act and its associated regulations. The code sets out: What a psychosocial hazard is and the risk management process How psychosocial hazards affect employees’ health and safety and why workplace safety culture is important How to manage risks associated with psychosocial hazards (ie: the application of the risk management cycle to psychosocial hazards) What to do if there is a report or incident associated with a psychosocial hazard There are a number of appendices which form part of the compliance code, including a guide for how to identify hazards and many examples of psychosocial risks and how they should be controlled. These include: aggression and violence bullying exposure to traumatic events or content gendered violence high job demands low job control low job demands low recognition and reward low role clarity poor environmental conditions poor organisational change management poor organisational justice poor support poor workplace relationships remote or isolated work sexual harassment The code of practice has been a long time coming, but certainly provides a very useful resource for employers, workers and HSRs when they are working to ensure the psychosocial safety of the workplace. The compliance code can be found here: Compliance code: Psychological health | WorkSafe Victoria More resources can be found here: Psychological health | WorkSafe Victoria If you would like to participate in training or would like some advice, please reach out to us at HSR Training and support | BeSafe | Regional Victoria