Businesses must navigate a complex landscape of health and safety regulations, ensuring they comply with the requirements set forth by both WorkSafe Victoria and the Environment Protection Authority (EPA). A crucial aspect of these regulations are Notifiable Incidents. These incidents, which pose risks to worker safety or the environment, must be reported to the appropriate authorities.
Recent changes by WorkSafe Victoria effective from 1 July 2024 have expanded these requirements, particularly concerning high-risk machinery. This article outlines what constitutes a notifiable incident under WorkSafe Victoiria, and highlights the latest changes.
What is a Notifiable Incident under WorkSafe Victoria?
A notifiable incident under WorkSafe Victoria is an event that exposes or has the potential to expose a person to a serious risk to their health and safety. The Occupational Health and Safety Act 2004 (OHS Act) defines notifiable incidents broadly, encompassing a range of situations that require immediate reporting to WorkSafe.
Key Types of Notifiable Incidents:
- Serious Injury or Illness:
- Any incident resulting in serious injury or illness to a worker, including:
- Death of a person
- A person needing medical treatment within 48 hours due to exposure to a substance
- A person requiring immediate inpatient hospital treatment
- A person needing immediate medical treatment for one of the following injuries: amputation, serious head injury or serious eye injury, removal of skin (example: de-gloving, scalping), electric shock, spinal injury, loss of a bodily function, serious lacerations (example: requiring stitching or other medical treatment)
- Any incident resulting in serious injury or illness to a worker, including:
- Dangerous Incidents:
- Events that do not cause injury but could have, such as:
- The uncontrolled release of a substance
- An implosion, explosion or fire
- Electric shock
- The collapse, overturning, failure or malfunction of, or damage to any plant
- The collapse or partial collapse of a building or structure
- Other acitivities related to mining activity.
- Events that do not cause injury but could have, such as:
Dangerous goods incidents
Under the Dangerous Goods Act 1985, all accidents involving dangerous goods, including fires, explosions, spills, leakage, and escape, must be reported to the nearest fire authority or police station. However, this requirement does not apply to prescribed dangerous goods or to prescribed quantities of dangerous goods.
Explosive incidents
Under the Dangerous Goods (Explosives) Regulations 2022, incidents involving explosives must be reported if they result in explosions, fires, or other occurrences that cause injury to any person or pose an immediate risk to their health or safety, property damage, or the theft or loss of explosives, including break-ins or attempted break-ins.
An obligation to notify
Under the Occupational Health and Safety Act 2004 (OHS Act), employers and self-employed persons must notify WorkSafe immediately after becoming aware a Notifiable Incident has occurred. Failure to report an incident to WorkSafe is an offence and may result in prosecution.
Recent Changes Effective 1 July 2024
As of 1 July 2024, WorkSafe Victoria has updated the requirements for incident notifications. The most significant changes involve the inclusion of high-risk machinery in the notification requirements. Specifically:
- Expanded Machinery List: High-risk machinery, such as tractors, quad bikes, forklifts, excavators, and mining and quarrying equipment, must now be reported when involved in an incident that poses a serious health and safety risk.
- Immediate Risk Criteria: WorkSafe must be notified when incidents involving prescribed machinery expose a person to serious health and safety risks due to collapse, overturning, failure, malfunction, or damage.
These updates aim to enhance transparency and accountability in reporting incidents, helping to identify patterns and mitigate serious risks to workers.
Does your incident meet the criteria of a Notifiable Incident?
Any time your business experiences an incident that exposes, or has the potential to expose, a person to a serious risk to their health and safety, or a pollution incident that causes or threatens to cause ‘material harm’ to human health or the environment—such as a leak or spill, unintended or unauthorised deposit, or an escape of a substance that results in pollution—you should refer to the regulator’s website to check against the criteria for a Notifiable Incident. If in doubt, don’t hesitate to contact the regulator to discuss the incident further. For full information, visit:
Conclusion
Understanding notifiable incidents under both WorkSafe Victoria and the EPA is essential for businesses operating in Victoria. The recent changes effective from 1 July 2024 have expanded the scope of reporting requirements, particularly concerning high-risk machinery. By ensuring timely reporting of notifiable incidents, businesses can not only comply with legal obligations but also foster a culture of safety and environmental stewardship.
Your next step
Reivew your current policies and processes:
- Does your team know how to report a workplace incident quickly and effectively?
- Do you have up to date policies and procedures in place?
- Is someone in the business designated to receive reports and assess if the matter is a Notifiable Incident, and are they confident to do so?
Reach out to the FCHR if you’d like more information, to request a review of your current policies and procedures, or to utiilse FCHR to capture and assess your incident reports.