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Health and safety law

Notifiable incidents in Australia: what businesses must know

What counts as a notifiable incident in Australia, when you must notify your WHS regulator, and the steps business owners should take after a serious incident.

Summary: A notifiable incident is a serious workplace event that must be reported to your state or territory WHS regulator. Reporting obligations cover deaths, serious injuries or illnesses, and dangerous incidents that expose someone to a serious risk. Business owners must understand these obligations to maintain compliance and protect worker health.

Incidents happen. It's an unfortunate reality of running a business. But in Australia, a specific set of guidelines exists that companies must follow when a notifiable incident occurs. In this blog post, we'll run through what counts as a notifiable incident, why sound management practices matter, and what steps you, as a business owner, need to take if one arises.

What Counts as a Notifiable Incident?

In Australia, a notifiable incident is defined as one of the following:

  • The death of a person
  • A serious injury or illness
  • A dangerous incident that exposes someone to a serious risk (even if no one is injured)

Examples of dangerous incidents include chemical spills, fires, collisions, and failures involving plant or equipment used on site. A fault in electrical wiring, an uncontrolled release of hazardous substances, or damage to electrical plant that creates a serious risk can all trigger notification requirements. If any of these events occur at your place of business, you're required by law to notify the relevant WHS regulator as soon as possible. You can find more information about the definition of a notifiable incident and a complete list of who to notify here.

Why Proper Incident Management Matters

Effective incident management protects both your workforce and your business's long-term compliance standing. Businesses that build strong management systems around health and safety are better positioned to respond quickly when a dangerous event occurs.

Poor incident management can expose businesses to legal and reputational consequences, particularly where hazardous plant, hazardous substances, or electrical equipment are involved. A documented management approach helps ensure that no notification obligation gets missed.

What Should You Do In The Case Of A Notifiable Incident?

If a notifiable incident occurs at your workplace, first ensure that everyone involved stays safe and accounted for. This step of incident management always comes before any administrative or reporting task.

Once you've confirmed safety, notify the relevant authorities so they can investigate the incident and take any necessary action. Depending on severity, this notification could mean contacting emergency services (e.g. police, ambulance) alongside your WHS regulator.

Key Steps for Effective Incident Management

  • Secure the area and remove ongoing risks, especially near electrical plant or hazardous materials
  • Check on the health and wellbeing of everyone present
  • Notify your WHS regulator without delay
  • Document the incident thoroughly as part of your broader management process
  • Review your management procedures to prevent recurrence

Building Strong Incident Management Into Your Business

Robust management planning reduces confusion during high-pressure situations. Businesses handling electrical infrastructure, hazardous plant, or hazardous chemicals benefit from having clear management procedures documented before an incident ever occurs.

Strong management frameworks also support compliance obligations across other areas of your operations, such as those addressed in our workplace health and safety guidance or our resources on managing health risks in Australian workplaces.

Conclusion

If an incident does occur at your place of business, your first priority should be ensuring everyone's safety. Once you've done that, you can begin working on containment and notification procedures.

  • Incident Management Plan
  • Emergency Response Plan

For businesses seeking further guidance, our Business Improvement Policy supports ongoing compliance efforts, while sector-specific resources for automotive and manufacturing operations address risks unique to plant, electrical systems, and hazardous processes.


Please note that the above information is provided as a comment only and should not be relied on as professional, legal or financial advice.

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