A gas line ruptures. A contractor is kept in hospital overnight. Someone on site now has to decide whether it’s a WorkSafe notifiable incident, and getting that wrong is an offence under the Work Health and Safety Act 2020 (WA).
KEY TAKEAWAYS
- Three things are notifiable: a death, a serious injury or illness, or a dangerous incident.
- Call WorkSafe WA immediately, by the fastest possible means.
- Leave the site undisturbed until an inspector arrives.
- Failing to notify can cost a company $55,000 (s38).
What is a notifiable incident?
Section 35 of the WHS Act 2020 names three notifiable incidents: a death, a serious injury or illness, or a dangerous incident. WorkSafe WA’s notifiable incident guidance says it covers anyone affected, including contractors, visitors and the public.
Type | What triggers it |
Death | Any death arising from the work |
Serious injury or illness | In-patient hospital treatment; immediate treatment for amputation, serious head, eye or spinal injury, serious burns or lacerations; a doctor within 48 hours of a substance exposure |
Dangerous incident | Serious risk from an uncontrolled gas escape, fire, explosion, electric shock, falling object or collapse |
WA’s definition is wider than the model WHS law. Section 36 adds remote injuries needing urgent transfer for treatment, and any injury a doctor expects to keep someone off normal work for 10 days or more. WorkSafe’s serious injury or illness page says this applies even on light duties.
A dangerous incident needs no injury at all. Under section 37, a gas leak or electric shock is notifiable if it exposed someone to a serious risk. Treat a serious near miss as notifiable until WorkSafe tells you otherwise. |
How quickly must you notify WorkSafe WA?
Immediately. Section 38 requires the business to notify WorkSafe WA immediately after becoming aware of a notifiable incident, by the fastest possible means: a call to 1800 678 198, staffed 24 hours. If WorkSafe then asks for written notice, you have 48 hours.
Get medical help first, then ring. Mine sites must also lodge online through the Safety Regulation System, as WorkSafe’s guide to reporting a death or dangerous incident explains. Failing to notify carries a fine of up to $12,500 for an individual and $55,000 for a company.
Unsure whether it’s notifiable? Call anyway. WorkSafe’s call centre will tell you whether it qualifies before you lodge anything online. |
Preserving the incident site
Section 39 requires whoever controls the workplace to leave the site undisturbed until an inspector arrives or directs otherwise, including any plant or substance involved. You can still help the injured, make the area safe or assist police. Breaches carry the same $55,000 maximum.
Frequently Asked Questions
Where to start
Supervisors usually make the first call on notification. Our statutory supervisor course covers incident and accident reporting, and our guide to employer duties under the WHS Act 2020 shows where it fits. Contact QPTS to book.
