Incident notification requirements under the model WHS Act have changed.
The changes will only apply once they are adopted under local WHS laws.
Employers must check with their local WHS regulator before making changes to notification systems or reporting practices.
Safe Work Australia has published amendments to the model Work Health and Safety (WHS) Act and updated guidance on incident notification requirements.
These changes address gaps identified in the 2018 review of the model WHS laws. They ensure the model WHS laws remain current and fit for purpose, including by protecting workers’ mental health.
The changes also provide employers with greater clarity on their notification obligations to help ensure all serious workplace incidents are reported.
Changes to incident notification requirements
The changes provide PCBUs with clarity and a better understanding of:
- the types of incidents to be notified ‘arising from the conduct of the business or undertaking’
- the objective test for deciding whether a serious injury or illness must be notified
- duties of PCBUs at a workplace to notify each other of incidents
- who may be providing medical treatment for exposure to a substance, and
- preserving incident sites and evidence.
Other changes address key gaps and expand notification duties to capture:
- dangerous incidents involving the fall of a person, electrical hazards and mobile plant
- serious brain injuries, serious crush injuries and serious bone fractures
- violent incidents, including sexual assault, that exposes a person to a serious risk of psychological harm
- work-related suicide or attempted suicide of a worker, and the suicide or attempted suicide of other persons in specific settings, and
- a worker’s absence period (or likely absence period) of 15 or more consecutive calendar days due to work-related psychological or physical injury or illness.
Guidance for employers and duty holders
To help employers understand their notification duties, we have published resources including a fact sheet and a downloadable handbook. The handbook provides practical guidance to help employers understand and apply these duties with real-world examples:
Do the updated incident notification provisions apply to you?
These changes do not take effect straight away.
While the model WHS Act has been updated, the changes will only apply to you once they are adopted into local WHS laws. This process may take some time, and each jurisdiction will determine its own implementation timeline.
Please check with your local WHS regulator before making changes to your notification systems or reporting practices.