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Notify SafeWork NSW of notifiable WHS incidents

Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.

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Who must comply

Every PCBU in New South Wales, whatever its size or structure, including sole traders. The site-preservation duty falls on the person with management or control of the workplace where the incident occurred.

What triggers it

A death; a serious injury or illness (one requiring immediate in-patient hospital treatment, or immediate treatment for an amputation, serious head or eye injury, serious burn, degloving or scalping, spinal injury, loss of a bodily function or serious lacerations, or medical treatment within 48 hours of exposure to a substance); or a dangerous incident such as an uncontrolled escape of gas or a substance, a fire or explosion, electric shock, a fall of plant or materials from height, or a structural or excavation collapse.

When due

Immediately after becoming aware of the incident, by the fastest possible means (phone 13 10 50, available 24/7). If SafeWork NSW asks for written notice, it is due within 48 hours of that request. Notify the workers compensation insurer within 48 hours.

Evidence required

A record of each notifiable incident, kept for at least 5 years from the day notice is given (model WHS Act s 38(7)); the SafeWork NSW notification reference; register of injuries entry; evidence the site was preserved (photographs, barricading, a log of anyone who entered); incident investigation report and corrective actions; insurer notification.

Max penalty

SafeWork NSW states the maximum penalty for failing to notify is $50,000 for a body corporate and $10,000 for an individual. Failing to preserve the site is a separate offence, and the underlying incident can expose the PCBU and its officers to prosecution for breach of the primary duty of care

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Part 3 of the Work Health and Safety Act 2011 (NSW) follows the model WHS Act: a person conducting a business or undertaking (PCBU) must ensure SafeWork NSW is notified immediately after becoming aware that a notifiable incident arising out of the business has occurred. A notifiable incident is the death of a person, a serious injury or illness, or a dangerous incident, even where no-one is hurt. SafeWork NSW takes notifications 24 hours a day on 13 10 50 because an urgent investigation may be needed. The person with management or control of the workplace must also leave the incident site undisturbed until an inspector arrives or gives a direction, keep a record of the incident, and separately tell the workers compensation insurer within 48 hours. The duty exists so the regulator can investigate while evidence is intact.

Enforced by

Source legislation

Topics

whsincident-notificationnsw

Related

Frequently asked questions

Who must comply with SafeWork NSW of notifiable WHS incidents?
Every PCBU in New South Wales, whatever its size or structure, including sole traders. The site-preservation duty falls on the person with management or control of the workplace where the incident occurred.
What triggers SafeWork NSW of notifiable WHS incidents?
A death; a serious injury or illness (one requiring immediate in-patient hospital treatment, or immediate treatment for an amputation, serious head or eye injury, serious burn, degloving or scalping, spinal injury, loss of a bodily function or serious lacerations, or medical treatment within 48 hours of exposure to a substance); or a dangerous incident such as an uncontrolled escape of gas or a substance, a fire or explosion, electric shock, a fall of plant or materials from height, or a structural or excavation collapse.
When is SafeWork NSW of notifiable WHS incidents due?
Immediately after becoming aware of the incident, by the fastest possible means (phone 13 10 50, available 24/7). If SafeWork NSW asks for written notice, it is due within 48 hours of that request. Notify the workers compensation insurer within 48 hours.
What is the maximum penalty for SafeWork NSW of notifiable WHS incidents?
SafeWork NSW states the maximum penalty for failing to notify is $50,000 for a body corporate and $10,000 for an individual. Failing to preserve the site is a separate offence, and the underlying incident can expose the PCBU and its officers to prosecution for breach of the primary duty of care
What evidence is required for SafeWork NSW of notifiable WHS incidents?
A record of each notifiable incident, kept for at least 5 years from the day notice is given (model WHS Act s 38(7)); the SafeWork NSW notification reference; register of injuries entry; evidence the site was preserved (photographs, barricading, a log of anyone who entered); incident investigation report and corrective actions; insurer notification.

Source: https://www.safework.nsw.gov.au/notify-safework. Rules Mate is not a law firm. Always verify against the live regulator source before acting.