Notify VIC WorkSafe of notifiable WHS incidents
Death, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
Who must comply
Every employer (individual, company, partnership, association, franchise or not-for-profit, public or private) and every self-employed person in Victoria, for incidents at a workplace under its management and control. Where several employers manage or control the workplace (for example a principal contractor and a subcontractor), each has the duty. Notification may be delegated to a supervisor, but the legal responsibility stays with the employer. No notice is required where the employer or self-employed person is the only person injured or exposed.
What triggers it
Becoming aware of a death, an injury or illness needing the medical treatment described above, or an incident exposing a person to a serious risk from immediate or imminent exposure to a listed hazard (including plant incidents covered by the requirements that began on 1 July 2024).
When due
Immediately by telephone on 13 23 60 (24 hours a day, 7 days a week); written notification within 48 hours; site preserved until an inspector arrives or gives a direction. An inspector's non-disturbance notice can last up to 7 days.
Evidence required
Copy of the written notification (Incident Notification Form) kept for at least 5 years and made available to inspectors, injured or exposed persons and their representatives, the relevant health and safety representative and the health and safety committee; incident investigation report; record of site-preservation steps and any inspector directions.
Max penalty
Failure to notify WorkSafe of a notifiable incident is an offence under the OHS Act and may result in prosecution (WorkSafe Victoria). Separate duties to notify apply under the Dangerous Goods Act 1985 and the Dangerous Goods (Explosives) Regulations 2022
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Victoria is not a model WHS law state: incident notification sits in the Occupational Health and Safety Act 2004 (Vic). An employer or self-employed person must notify WorkSafe Victoria on 13 23 60 immediately after becoming aware that a notifiable incident has occurred at a workplace under its management and control, follow up with written notification within 48 hours, and preserve the incident site until an inspector arrives or directs otherwise. Notifiable incidents are deaths, incidents requiring medical treatment (immediate in-patient hospital treatment, immediate treatment for listed injuries such as amputation, serious head or eye injury, degloving, electric shock, spinal injury or serious laceration, or treatment within 48 hours of exposure to a substance) and dangerous incidents such as uncontrolled spills, fires, explosions, falls of objects from height, structural collapses and failures of specified plant. Notification preserves WorkSafe's ability to investigate.
Enforced by
Source legislation
Topics
Related
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Frequently asked questions
- Who must comply with VIC WorkSafe of notifiable WHS incidents?
- Every employer (individual, company, partnership, association, franchise or not-for-profit, public or private) and every self-employed person in Victoria, for incidents at a workplace under its management and control. Where several employers manage or control the workplace (for example a principal contractor and a subcontractor), each has the duty. Notification may be delegated to a supervisor, but the legal responsibility stays with the employer. No notice is required where the employer or self-employed person is the only person injured or exposed.
- What triggers VIC WorkSafe of notifiable WHS incidents?
- Becoming aware of a death, an injury or illness needing the medical treatment described above, or an incident exposing a person to a serious risk from immediate or imminent exposure to a listed hazard (including plant incidents covered by the requirements that began on 1 July 2024).
- When is VIC WorkSafe of notifiable WHS incidents due?
- Immediately by telephone on 13 23 60 (24 hours a day, 7 days a week); written notification within 48 hours; site preserved until an inspector arrives or gives a direction. An inspector's non-disturbance notice can last up to 7 days.
- What is the maximum penalty for VIC WorkSafe of notifiable WHS incidents?
- Failure to notify WorkSafe of a notifiable incident is an offence under the OHS Act and may result in prosecution (WorkSafe Victoria). Separate duties to notify apply under the Dangerous Goods Act 1985 and the Dangerous Goods (Explosives) Regulations 2022
- What evidence is required for VIC WorkSafe of notifiable WHS incidents?
- Copy of the written notification (Incident Notification Form) kept for at least 5 years and made available to inspectors, injured or exposed persons and their representatives, the relevant health and safety representative and the health and safety committee; incident investigation report; record of site-preservation steps and any inspector directions.
Source: https://www.worksafe.vic.gov.au/notifiable-incidents-under-occupational-health-and-safety-act-2004. Rules Mate is not a law firm. Always verify against the live regulator source before acting.