When something goes wrong on site, one of the first questions is whether you have to tell the regulator. Get it wrong and you can face a penalty for failing to notify on top of the incident itself. Here is the plain version.
What is a notifiable incident
Three things are notifiable under the WHS Act: a death, a serious injury or illness, and a dangerous incident. A serious injury or illness includes things like a fracture, amputation, serious burn, or any injury needing immediate hospital treatment. A dangerous incident is a near miss with the potential to seriously hurt someone: a collapse, an uncontrolled release of energy, a fall of plant, and similar.
What you must do
For a notifiable incident you must:
- • Notify your WHS regulator immediately, by the fastest means (usually phone)
- • Preserve the incident site until an inspector arrives or the regulator says otherwise, except to help an injured person or make the site safe
- • Keep records, including a written record of the notification
Why the site must be preserved
Disturbing the scene removes the evidence an inspector needs to work out what happened and stop it happening again. That is why preservation is a legal duty, not a courtesy.
Where the SWMS fits
After a notifiable incident connected with high risk construction work, the SWMS for that work must be kept for at least two years. More importantly, the incident is a trigger to review the SWMS before work resumes: something in the plan did not hold. Use our free incident report form to record what happened, and review or regenerate the SWMS before the crew goes back.