Failure to report a notifiable incident is an offence

admin • May 20, 2025

Section 38 of the Occupational Health and Safety Act 2004 imposes a legal duty on employers to notify of incidents:


"An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self-employed person. s38(1)

The employer must notify immediately by calling WorkSafe by calling 13 23 60, at which time they will be given a reference number. Thie reference number serves as proof that the employer did immediately notify the regulator." s38


The employer must fill out an incident notification form (found at Incident notification form | WorkSafe Victoria) and this form must be submitted within 48 hours of the incident occurring.


Failure to notify is a breach of legal duty and the offence can result in prosecution.


It is also a legal duty for the employer to preserve the site of the incident. Failure to preserve the scene is an indictable offence under section 39 of the OHS Act.


So, what classifies as a notifiable incident?

Any of the following:

1.     Death

2.     Exposure to a substance resulting in a need for medical treatment within 48 hours

3.     Any incident resulting in the need for immediate in-patient hospital treatment

4.     Any incident result in the need for immediate medical treatment for any of the injuries listed:

a.     Amputation

b.    Serious head injury

c.     Serious eye injury

d.    Removal of skin (eg: scalping, degloving)

e.     Electric shock

f.       Spinal injury

g.     Loss of bodily function

h.     Serious lacerations (ie: requiring stitching or other medical treatment)

5.     Any incident through which a person is at serious risk as a result of exposure to an:

a.     Uncontrolled escape, spillage, or leakage of a substance

b.    Implosion, explosion or fire

c.     Electric shock

d.    Fall or release from height of any plant, substance or thing

e.     Incident involving plant (collapse, overturning, failure or malfunction) as per OHS Regulations

f.       Collapse or failure of an excavation or mine (or of any shoring support)

g.     In-rush of water, mud or gas into an excavation, tunnel or mine

h.     Interruption of ventilation in a mine, excavation or tunnel

i.       Any incident involving dangerous goods or explosives


WorkSafe has a straightforward guide on the process here: Report an incident | WorkSafe Victoria


Don’t forget that as Health and Safety representative, you have the right to access information in relation to incidents which affect your DWG. For more information on this topic, take a look at previous articles relating to relating to HSR’s entitlements to access information: HSR Training & Workplace Safety | BeSafe | Reg. Vic. 

For more detail on this, visit Obligations of an employer to health and safety representatives | WorkSafe Victoria

As always, you are welcome to get in touch with us for a chat HSR Training and support | BeSafe | Regional Victoria

Racing Industry Workplace Fatalities

By admin • July 8, 2025
In recent times we have seen the tragic deaths of workers in the horse racing industry. In May 2025, Fiona Ralph tragically died following a head injury sustained while working at Bendigo Racecourse. Less than 2 months later, on the 3 rd July 2025, we heard news of Peta Tait, a 43-year-old worker who was killed at Cranbourne Racecourse. It is believed that she was kicked in the head by a horse while in the stable. She was attended to by medical personnel, who were unable to save her. Jockey Blake Shinn has reportedly paid tribute, stating that “This is a painful reminder of the dangers that come with working in such a demanding and unpredictable environment.” (7 news) As the jockey highlights the dangers – we turn our minds to the unique hazards presented by the industry, many of which are covered in the WorkSafe Victoria Guidebook – Horse Stable and track riding safety: Horse stables and track riding safety | WorkSafe Victoria . The guide is intended to provide information for those working in the industry and outlines how to identify hazards and implement risk control measures. As in all industries, the employer is responsible for providing a safe workplace, and the usual obligations to consult with the workforce and to control hazards in line with the hierarchy of control all apply. There is a section which specifically covers the safety of stables. Of course, horses are strong and unpredictable, and they pose a specific hazard in this industry - and one which cannot be eliminated as part of this particular workplace. The document discusses the need for training and supervision, which is required in all workplaces. Also, the use of PPE as a control measure, indicating that the use of appropriate footwear, helmets and body protection may be required to ensure the safety of those riding, training, feeding and working with horses and cleaning stables. Working alone can also increase the risks of working around horses. According to SafeWork NSW ‘One worker is hospitalised each day in Australia due to a horse related injury’ . Not all of these are workers; however, it does highlight how dangerous working around horses can be. WorkSafe Victoria reports injury claims attributable to horse racing at: Injury hotspots - Horse racing | WorkSafe Victoria . While the racing community must, of course, grieve the recent loss of two of its’ workers, there will concurrently be a WorkSafe investigation and a Victoria Police investigation for the Coroner. No matter the outcome of these investigations, it is an opportunity to look to industry work practices and identify any improvements which could be made to improve safety in the future. The gravity of such an event cannot be underestimated in its’ impact to family, friends and workmates. One can only hope that an improvement in future safety may be one of those impacts. Our sincere condolences to the families of Fiona and Peta.

The Safety Spotlight on Small Business

By admin • July 1, 2025
The rise of podcasts has made learning and information so accessible and learning about OHS is no different. We came across the WorkSafe Act podcast ‘The Safety Spotlight’ episode on ‘Small Business’. In this podcast, Jacqui Argius, the WorkSafe ACT Commissioner talks about safety in small business . She is joined by Michelle Boundy in a podcast led by Lish Fejer. They discuss a number of matters relating to safety in the small business environment, which are summarised below. Small businesses are required to be compliant with safety legislation, no matter how small they are. It is often the case that small businesses have less OHS expertise. Sometimes they may think that a serious incident ‘won’t happen here’. They may not have a good understanding of what their legal obligations are. Sometimes there may be a ‘fear factor’ about their lack of understanding of how to meet their legal obligations. They may think that they are too small to need proper systems. But – just because they are small, this doesn’t mean that they don’t need to meet the same requirements as the larger businesses when it comes to safety, and this includes both physical and psychosocial safety. Small businesses must also have WorkCover insurance. Like in all businesses, consultation is key. ‘Talking to your workers’ is so important to ensuring a safe workplace. This includes ensuring that young workers and those from culturally and linguistically diverse backgrounds can understand. Guidance material regarding how to communicate safety information is available. The importance of training is also covered. Small businesses must have an induction process and ongoing training for their workers. Employees must also be trained in how to report hazards. The application of risk management systems and the hierarchy of controls is the same in small business as in any workplace, as is the concept of ‘ reasonably practicable ’. The commissioner highlights that the cost of implementing a control will not be considered to be important if a matter goes to court. The employer must eliminate or implement controls to all risks to health and safety. The podcasters acknowledge that there are a myriad of pressures on small businesses – but highlight that this does not reduce their obligations in relation to safety. Nor does it exempt the business from enforcement by the regulator: ‘we will be regulating them the same as anyone else’. Overall, the podcast highlights the need for small business owners to be pro-active and build a safety-first culture. To listen to the WorkSafe ACT Small Business Podcast, check out: Ep. 2 - Small Business There are many resources available to small business to ensure that they are providing and safe and healthy workplace. In Victoria these include: Getting some help from WorkSafe through the OHS Essentials program, which is free to small business and a great place to start. Accessing health and safety checklists as a way to begin a self-assessment. Reading about your obligations and legal requirements. Take a look at the WorkSafe website to access these resources here: Small business | WorkSafe Victoria