Do incidents that occur while travelling to or from work need to be reported to WorkCover?- Top
No. Incidents that occur while travelling to or from work do not fit into any of the definitions of a notifiable incident under the OHS Act 2000 or the OHS Regulation 2001.
While they are covered under workers compensation legislation for the purposes of obtaining compensation, they are not considered work-related for the purpose of the Act and Regulation.
How and when is an incident notification made?- Top
Occupiers of workplaces/employers notify in the following manner:
- Incidents involving injury or illness to workers
Serious incidents involving a fatality or a serious injury or illness.
(Refer to clause 344 of the OHS Regulation 2001):
- phone WorkCover IMMEDIATELY on 13 10 50 as an urgent investigation may be needed, PLUS
- notify your workers compensation insurer within 48 hours.
Other incidents involving an injury or illness to workers, where workers compensation is payable or may be payable, eg. time lost, medical expenses. (Refer to sections 42 and 44 of the Workplace Injury Management and Workers Compensation Act 1998 and clause 32 of Workers Compensation Regulation 2003):
- notify your workers compensation insurer within 48 hours.There is no need to notify WorkCover as the insurer advises WorkCover of these incidents.
Incidents involving injury or illness to non-workers at your workplace
(ie. those not covered by your workers compensation eg. a visitor, customer, volunteer, student, contractor)
Serious incidents involving a fatality or serious injury or illness. (Refer to clause 344 of the OHS Regulation 2001):
- phone WorkCover IMMEDIATELY on 13 10 50 as an urgent investigation may be needed, PLUS
- notify WorkCover within 7 days with full notification details using the online form or phone 13 10 50.
Other incidents involving a non-worker where the injury or illness results in the person being unable to perform their normal activities for 7 or more days. (Refer to clause 341 of the OHS Regulation 2001):
- notify WorkCover within 7 days using the online form or phone 13 10 50.
Incidents that present a risk to health and safety at your workplace
(ie. incidents where there is no injury or illness to workers or non-workers)
Serious incidents that are immediately life threatening but result in no injury or illness, eg. the collapse of an excavation with no injury. (Refer to clause 344 of the OHS Regulation 2001):
- phone WorkCover IMMEDIATELY on 13 10 50 as an urgent investigation may be needed, PLUS
- notify WorkCover within 7 days with full notification details using the online form or phone 13 10 50.
Other incidents are certain incidents that are not immediately life threatening but result in no injury or illness, eg. exposure to specific substances. (Refer to clause 341 of the OHS Regulation 2001):
- notify WorkCover within 7 days using the online form or phone 13 10 50.
Note: The Incident Report Form is no longer to be used to notify WorkCover.
For more information, see:
- What are serious incidents under clause 344 of the OHS Regulation 2001?
- What are incidents under clause 341 of the OHS Regulation 2001?
- Who is a non-worker for the purposes of making an incident notification?
- What are workplace injuries?
- If there is a work-related incident involving an injury or illness to a worker, who do I notify?
For work-related incidents that involve a worker, where compensation is or may be payable, notify the employer's workers compensation insurer within 48 hours of becoming aware of the incident (as specified in section 44 of the Workplace injury and Workers Compensation Act 1998 and clause 32 of the Workers Compensation Regulation 2003).
Once the insurer has been notified of these incidents, there is no longer an obligation to notify WorkCover as the insurer informs WorkCover of these incidents.
However if there is a serious incident to a worker then WorkCover must also be notified immediately by phone (as specified in section 86 of the OHS Act 2000 and clause 344 of the OHS Regulation 2001).
For more information see:
- How and when is an incident notification made?
- Who can make an incident notification?
- What are serious incidents under clause 344 of the OHS Regulation 2001?
Must I keep a Register of Injuries at my workplace?- Top
You must have a Register of Injuries book in which workers should record details of work-related injuries and illnesses.
Although not required by the legislation, all workers are encouraged to report and record near misses. A 'near miss' should be considered as a warning sign and may indicate a potential problem that could result in serious injury.
This may require the development of a separate register to record information on near misses or the development of an accident/incident form that can be used for both injuries and near misses.
From 1 September 2003, there is a new simplified incident notification system in NSW. There are records that must be kept about the incident/injury, the notification and any acknowledgement received. These records may be kept in the Register of Injuries.
For more information, see:
- What records do I keep about the notification and how long do I keep them?
- How and when is an incident notification made?
- Section 63 of the Workplace Injury Management and Workers Compensation Act 1998
Yes, incidents to non-workers are notified to WorkCover.
For more information, see:
How and when is an incident notification made?
When notifying, you will be asked questions about the incident. Some information will only need to be provided when there has been a death, injury or illness. This information is marked with an asterisk*.
Employer information:
- name of employer
- address (street address, suburb, postcode)
- ABN number
- type of industry.
Notifier information:
- name of notifier
- phone number
- role of notifier.
* Injured person details:
- name of injured, ill or deceased person
- residential Address (street, suburb, postcode)
- date of birth
- phone number
- non-worker category (eg. visitor, customer).
Incident details:
- date of incident
- location of incident (location, street, suburb, postcode)
- description of how incident happened
- description of injury, illness or death*.
Insurers may ask for more information.
What other reporting requirements do I have as an employer?- Top
An employer must also lodge any claims under the Workplace Injury Management and Workers Compensation Act 1998 [section 69 (1)] with their insurer within seven days of receiving the claims or other documentation in respect of such a claim.
What records do I keep about the incident notification and for how long do I keep them?- Top
Occupiers of workplaces/employers must keep the following records about the notification for at least five years after the notification is given:
- a record of the date, time, place and nature of the incident/injury
- a record of the date of notification and the way in which the notification was given
- a record of any acknowledgement given by the insurer or WorkCover.
All these records must be made available for inspection by a WorkCover inspector.
When the above records relate to a worker then the employer must also make them available for inspection by an authorised employee representative.
Note: An entry in the Register of Injuries kept under section 63 of the Workplace Injury Management and Workers Compensation Act 1998 is a sufficient record of an injury to a worker for notification purposes. The record of any acknowledgement of the notice can also be kept as part of the Register of Injuries.
For more information, see:
- Clause 343 of the OHS Regulation 2001
- Section 63 of the Workplace Injury Management and Workers Compensation Act 1998
- Clause 32 of the Workers Compensation Regulation 2003
Who can make an incident notification?- Top
A notification to the workers compensation insurer can be made by the employer or their representative, a worker or their representative.
A notification to WorkCover can be made by the employer, employer nominee, or person in control of the workplace where the incident happened.
For more information, see: