The Work Health and Safety Act 2011 (WHS Act) creates a duty on persons conducting a business or undertaking to notify WorkCover immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Significant penalties apply to persons conducting a business or undertaking who failure to notify as prescribed (up to $10,000 for an individual or $50,000 for a corporation).
A “notifiable incident” means:
- the death of a person, or
- a serious injury or illness of a person, or
- a dangerous incident.
For more information as to what constitutes a serious injury or illness or a dangerous incident, see WHS incident notification: Fact sheet.
Reporting notifiable incidents
Where a notifiable incident occurs in your workplace:
- call WorkCover immediately on 13 10 50 as an urgent investigation may be needed and
- notify your Scheme Agent or insurer within 48 hours.
Refer to part 3 – Incident Notification of the Work Health and Safety Act 2011 and clause 699 of the Work Health and Safety Regulation 2011.
Note: The work health and safety legislation requires preservation of the incident site until an Inspector attends (or the inspector or regulator directs otherwise). Refer to section 39 of the WHS Act.
Other incidents involving an injury or illness where workers compensation is payable
Where other incidents involving an injury or illness to workers that are not notifiable under the WHS Act occur but where workers compensation is payable or may be payable (such as for time lost and/or medical expenses), employers should notify their Scheme Agent or insurer within 48 hours – see section 44 of the Work Injury Management and Workers Compensation Act 1998.
Note: Employers may avoid paying a claims excess if there is an injury by notifying their Scheme Agent or insurer within the required timeframes.
Call 13 10 50 for more information about reporting an incident or injury.