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

ATVs on Farms

By admin • July 15, 2026
If you’ve spent any time on a Victorian farm, you know the quad bike is as common as the gum tree. It’s the workhorse that gets you from the dairy shed to the back paddock in minutes. But while ATVs save time and effort, they also carry serious risks, especially when safety takes a back seat. Studies have found that rollover and crush protection on quad bikes is saving lives, particularly in Victoria, where farm fatalities have been steadily declining. Yet, despite these improvements, quad bike incidents remain one of the leading causes of death and injury on Australian farms. Quad bikes (also called ATVs) are incredibly useful for mustering livestock, carrying supplies, and navigating rough terrain. But their stability can be deceptive, with uneven ground, high speeds, or heavy loads easily leading to rollovers. In Victoria, WorkSafe data shows that most fatal incidents involve the bike overturning and trapping the rider. Since October 2021, the national quad bike safety standard has required: Operator Protection Devices (OPDs) to reduce crush injuries in rollovers. Minimum stability requirements for new models. Warning labels about rollover risks. Victoria has been ahead of the curve, with strong farm safety campaigns and subsidies to help farmers retrofit OPDs. Practical Safety Tips for Victorian Farmers Always Wear a Helmet . Even at low speeds, head injuries can be fatal. Fit a Crush Protection Device . These can prevent you from being pinned under the bike. Match the Bike to the Job . Don’t overload or tow beyond the manufacturer’s limits. Ride to the Conditions . Slow down on slopes, wet ground, or unfamiliar tracks. Never Carry Passengers . Unless the ATV is specifically designed for more than one rider. Training Matters . Enrol in an accredited ATV safety course to sharpen your skills and make sure all operators have adequate training to operate the vehicle. Don’t forget that the employer has a duty to provide information, instruction and training to ensure that employees can work safely. Review the terrain before undertaking the task . Some areas of the farm may need to be strictly off-limits for ATV use. Look at alternative options . Some farmers are switching to side-by-side vehicles (SSVs), whic h offer seatbelts and roll cages. While not risk-free, they can be safer for certain tasks, provided operators still follow safety protocols. ATVs are here to stay on Victorian farms, but so is the responsibility to use them safely. With the right equipment, training, and by keeping safety front-of-mind you can make sure your quad bike remains a tool, not a threat. If you’re a Victorian farmer, check your quad bike today. Is it fitted with a crush protection device? Are you wearing a helmet every ride? Safety isn’t just about compliance, it’s about coming home at the end of the day.  For more information, take a look at: New study finds safety protection on quad bikes is driving down farm deaths - ABC News How the new national quad bike safety standard affects farmers in Victoria | WorkSafe Victoria

Engineered Stone - Anniversary of The Ban

By admin • June 29, 2026
Today is the anniversary of the banning of Engineered Stone. On the 1 st July 2024, Engineered Stone was banned due to the high levels of silica it contained, which presented a health and safety risk to those working with it. The banning of engineered stone is a huge win for the safety and health of workers, but it does not mean that workers are safe from silica related disease. Workers can still be exposed to silica from other sources, including: Stone Asphalt Cement, mortar and grout Concrete, concrete blocks and cement products Bricks and pavers Tiles Sand These and related products still present a risk and this comes in the form of respirable crystalline silica. Small particles of silica can be produced when dust is produces through cutting, sanding or processing the materials. This can occur during manufacturing and construction, when mining or digging, and when handling waste. The silica dust can be breathed deep into the lungs and can cause serious disease., including silicosis, fibrosis, COPD, bronchitis and lung cancer. In addition, it can cause other systemic diseases including serious effects on the kidneys, immune system, eyes, etc. Employers must control the risk of exposure and workers should be aware of the risks so that they can make sure that they are safe. BeSafe is still horrified to occasionally see dry cutting by workers who may not be aware of the serious risks of this practice. Just remember, that just because engineered stone has been banned, it doesn’t mean you are safe from silica related disease. Make sure you know how to protect yourself and stay safe from this serious and deadly hazard. More information: For the general information page with resources relating to crystalline silica, take a look at: Crystalline silica | WorkSafe Victoria For information relating to how employers must identify hazards, assess risk, control the risk and review and revise controls regularly, take a look at: Preparing a crystalline silica hazard control statement for high-risk crystalline silica work | WorkSafe Victoria For a practical guide on how to safely work with engineered stone, including exemptions, take a look at Compliance code: Engineered stone | WorkSafe Victoria