Workplace incidents and notifications are governed by a framework of laws, regulations, and industry standards to ensure the safety of workers.
Workplace Health and Safety (WHS) Legislation
Workplace health and safety in Australia is primarily regulated at the federal and state/territory levels. The main legislative framework is:
- Work Health and Safety Act 2011 (WHS Act): This is the key piece of legislation at the federal level, which applies to most Australian workplaces. Each state and territory has its own version of this legislation, and it is aligned with the model WHS Act. The legislation imposes a duty of care on employers to ensure, as far as is reasonably practicable, the health and safety of workers.
- Work Health and Safety Regulations 2011 (WHS Regulations): These regulations provide further detail about specific workplace safety duties, including safe work procedures, risk assessments, and health monitoring.
Workplace Incidents
A workplace incident refers to any event that occurs at the workplace and may result in harm to workers or the public. Incidents can range from minor injuries (e.g., a cut or sprain) to major events (e.g., fatalities or serious injuries). The types of incidents include:
- Injury or illness: Physical injuries, mental health issues, or occupational diseases.
- Near misses: Events where harm could have occurred but didn’t, often providing an opportunity to improve safety practices before a real incident happens.
- Dangerous occurrences: Events that may have the potential to cause harm, such as equipment failures or structural collapses.
- Fatalities: In the worst-case scenario, workplace fatalities.
Notification of Incidents
Employers have specific legal obligations when it comes to reporting incidents. The reporting requirements can vary based on the nature and severity of the incident. There are two main levels of notification:
Notifiable Incidents
Under the WHS Act, certain types of incidents must be immediately reported to the relevant work health and safety authority (usually a government agency like SafeWork or WorkSafe, depending on the state or territory). These are called notifiable incidents and include:
- The death of a worker or another person.
- A serious injury or illness (for example, a fracture, amputation, serious head injury, or any injury requiring hospitalization).
- A dangerous incident (e.g., a gas leak, structural collapse, or the unintentional release of hazardous materials).
Notification timelines
- Immediately: The employer must notify the relevant safety authority immediately after becoming aware of the incident. This typically means by phone or online notification.
- Written report: A formal, written report must be submitted within a specified period (usually 48 hours) following the notification.
Serious Injury or Illness
If a worker suffers a serious injury or illness but it doesn’t fall under the “notifiable” category, employers may still need to report it to their workers’ compensation insurer and keep records of the injury or illness.
Reporting Process
- Initial Notification: This is typically done by phone or an online reporting system (e.g., SafeWork or WorkSafe websites). Employers should provide detailed information, including:
- The nature of the incident.
- The injured person’s details (if applicable).
- The cause of the incident (if known).
- Actions taken at the scene.
- Investigation: After notification, the relevant authority may conduct an investigation to determine the cause of the incident and whether safety laws have been violated. The employer may also be required to investigate the incident internally to prevent future occurrences.
- Corrective Actions: If the investigation finds safety breaches, corrective actions may be required, which could include implementing new safety procedures, providing training, or making physical changes to the workplace.
Penalties for Non-Compliance
Failure to report notifiable incidents or comply with WHS regulations can lead to serious penalties. Penalties may include fines and, in extreme cases, criminal charges. For example:
- Corporations: A company may face fines in the range of hundreds of thousands of dollars (up to $3 million or more in some jurisdictions).
- Individuals: Managers or persons conducting a business or undertaking (PCBUs) may face fines and, in some cases, imprisonment (up to 5 years for serious breaches leading to a fatality or injury).
Workers’ Compensation
In addition to notifying the relevant health and safety authority, workers who are injured in a workplace incident are generally entitled to workers’ compensation benefits. Workers’ compensation systems are administered by each state and territory, and benefits typically cover:
- Medical expenses.
- Weekly income replacement if the worker cannot work due to the injury.
- Rehabilitation and retraining costs.
Role of Employers
Employers are required to:
- Provide a safe working environment.
- Ensure that risks are minimised through risk assessments and safe work practices.
- Provide training and protective equipment.
- Report notifiable incidents.
- Cooperate with investigations and implement corrective actions.
Role of Workers
Workers also have responsibilities, such as:
- Following safety procedures.
- Using provided safety equipment.
- Reporting hazards and incidents to employers.
- Participating in safety training.
Conclusion
In summary, the workplace safety framework emphasises proactive risk management, immediate reporting of serious incidents, and ongoing efforts to ensure a safe and healthy working environment. Employers must follow strict reporting requirements for serious incidents, and both employers and workers have roles in maintaining workplace safety.
Sherm Software’s Incident Management provides an efficient, paperless solution for managing workplace incidents, from initial reporting to final resolution. With features that support compliance, encourage a culture of safety, and streamline the incident process, Sherm is an invaluable tool for organisations prioritising a safe work environment.
