What Is A Notifiable Incident?

Understand notifiable incidents, including psychological risks, under WHS laws.

Louise Thompson
Psychosocial Hazards & Safety
8 min read
What Is A Notifiable Incident?

Share Resource

Notifiable incidents to Safe Work Australia now include events that pose a serious risk of psychological injury, or the very serious event of a suicide attempt related to the work environment. It is a step in the right direction that these notifications can be reviewed in order to prevent serious incidents from happening again.

Understanding what constitutes a notifiable incident is crucial for maintaining workplace safety and compliance. A notifiable incident includes serious injuries, illnesses, or dangerous occurrences that must be reported to the appropriate regulatory authorities. These incidents often involve significant harm or potential risk to workers’ health and safety.

Reporting hazards and incidents promptly and accurately is essential. It ensures that necessary measures are taken to prevent recurrence, helps in maintaining a safe working environment, and ensures compliance with legal and regulatory requirements.

Notifiable Incidents

A notifiable incident is an event that must be reported to regulatory authorities due to its severity and potential impact on health and safety. This includes:

Workplace violence

Violent incidents that exposes a worker or other person to a serious risk to a person’s physical or psychological health and safety.

Suicide attempt

Notification of the suicide or attempted suicide of a worker would be required where there are indicators that suggest a potential link to work or the work environment.

Extended leave

Serious work-related injuries and illnesses that are not already notifiable through the timely notification of a worker’s absence period of 15 or more consecutive calendar days due to psychological or physical injury, illness or harm.

These changes are in alignment with the psychosocial health and safety code of practice, however, it is important to note that any changes will not take effect until they have been rolled out by the WHS regulators.

Importance of Understanding and Reporting Notifiable Incidents

Legal and Regulatory Significance

Reporting notifiable incidents is a legal requirement under workplace health and safety laws. Failure to report can result in substantial fines and legal consequences.

Impact on Workplace Safety and Health

Timely reporting ensures that immediate measures are taken to address hazards, protecting employees from further harm.

Role in Preventing Future Incidents and Ensuring Compliance

Proper reporting and investigation help identify the root causes of hazards incidents, leading to improved safety practices and compliance with regulations, ultimately fostering a safer work environment.

Legal Requirements and Regulations For Notifiable Incidents

The primary legislation governing the reporting of notifiable incidents in Australia is the Work Health and Safety (WHS) Act. This act outlines the obligations of duty holders to ensure the health and safety of workers and others in the workplace.

Responsibilities of Employers and Employees

  • Employers: Must report notifiable incidents to the relevant regulatory authority immediately after becoming aware of them. They are also required to preserve the incident site until an inspector arrives or directs otherwise.
  • Employees: Should promptly report any incident they witness to their employer or supervisor, ensuring that the employer can fulfill their reporting obligations.

Jurisdiction-Specific Regulations

Different states and territories may have additional or specific requirements. For instance:

  • New South Wales (NSW): Requires reporting to SafeWork NSW.
  • Victoria: Incidents must be reported to WorkSafe Victoria.
  • Australia-Wide: Each state and territory operates under its WHS laws but follows the general framework provided by the national WHS Act.

These regulations ensure a consistent approach to incident reporting across various jurisdictions, contributing to the overall safety and health standards in Australian workplaces.

Reporting Procedures

Immediate Actions to Take Following an Incident

  1. Ensure the safety of all individuals involved by providing first aid or emergency medical assistance.
  2. Secure the incident area to prevent further harm or interference with the scene.

Step-by-Step Guide on How to Report An Incident

  1. Notification: Inform the designated health and safety officer or supervisor immediately.
  2. Document Details: Collect all pertinent information, including the nature of the incident, the individuals involved, and any immediate measures taken.
  3. Contact Authorities: Report the incident to the appropriate regulatory body, such as SafeWork NSW or WorkSafe Victoria, as required by local regulations.
  4. Submit Reports: Complete and submit any required documentation, such as incident forms or online reports, as specified by the regulatory authority.
  5. Follow-Up: Cooperate with any investigations and provide additional information if requested by authorities.

Consequences of Failing to Report

Legal and Financial Penalties Failure to report notifiable incidents can result in substantial fines and legal action against the employer. Regulatory bodies like SafeWork NSW and WorkSafe Victoria have the authority to impose penalties, which can escalate with the severity and nature of the violation. In 2019, a construction company was fined $90,000 for failing to report a worker’s serious injury caused by faulty equipment. This lack of reporting delayed the investigation and corrective actions, putting other workers at risk.

Impact on Workplace Safety Culture Neglecting to report incidents undermines the safety culture within an organization. It can lead to a lack of trust among employees, decreased morale, and an environment where safety is not prioritized, increasing the likelihood of future incidents.

Sources:

  • SafeWork NSW
  • Safe Work Australia
  • Victorian Government

Get In Touch

Related Content:

ABOUT THE AUTHOR
Louise is the Clinical Director at Foremind, with over a decade of experience in the mental health sector, contributing to well-known Australian organizations like Beyond Blue, Lifeline, Headspace, and LivingWorks.

       Louise Thompson               Clinical Director      

Want to find out how easy it is to support your team?

Lets Talk

Joel's image

Hello 👋 I’m Joel the founder of Foremind.
Are you ready for simplified support & compliance?

Book a demo

Latest insights

See all posts

Answers to the frequently asked questions.

Still have questions?

Email us at enquiries@foremind.com.au and we'll get back to you  quickly with a response

We partner with counsellors who work in private practice so they are also free to work for other organisations if they see fit. The all have their own private practices however, they’re still all handpicked by Louise… Never had an issue with any of our counsellors… we maintain high levels of quality control.

Foremind offers multilingual support, with professionals available in languages including Spanish, Portuguese, mandarin, vietnamese and Persian

All our counsellors are contractors. They are highly qualified and go through long interview processes to ensure they are the right fit.

All counsellors must apply to the role and are interviewed before added to the platform, must meet the criteria as per the below.- We employee counsellors, mental health social workers, mental health nurses and psychotherapists.- Qualifications in Counselling, Psychotherapy or Social Work, minimum Bachelor or Masters qualification- Minimum 3 years direct practice experience post graduation- Registration with appropriate body – PACFA Clinical registration, ACA level 2 minimum, Accredited Mental health Social worker or Clinical Social worker- Broad experience providing individual coaching, counselling and support for personal and work-related issues- How far reaching is your EAP? We have counsellors located in every major city in Australia.