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

Snakes in the workplace

By admin • December 15, 2025
Snakes are a natural part of the Australian environment, but when they enter worksites, they can pose significant risks. Snakes are most commonly encountered in industries such as construction and agriculture, but snakes can appear in any workplace – including in offices, warehouses, outdoor work areas, or storage spaces. Warm weather increases snake activity, making encounters more likely during summer months. The danger presented by snakes is very real, as snakebites can cause serious injury or death. Common Risk Factors There are certain workplace conditions which increase the likelihood of snakes appearing: Vacant sites : Snakes often move into quiet areas during holiday breaks or weekends. Shelter opportunities : Stored materials, rubble, sheds, and equipment provide dark, cool hiding spots. Food sources : Mice, frogs, and other small animals attract snakes to worksites. Hot weather : Snakes become bolder and more active in summer. Prevention Strategies As always, employers are required to reduce risks to health and safety in the workplace. They can do this by adopting proactive measures: Site housekeeping : Remove rubbish, debris, and unused materials where snakes could hide. Control food sources : Limit rodent and frog populations by managing waste and water. Protective gear : Wear gloves, boots and long pants when working outside or handling stored materials. Awareness training : Inform workers about snake risks, especially after site closures or during hot weather. First Aid training: ensure staff are trained in the initial response in the case of a bite. If a snake is seen in the workplace One of the most important safety messages is never provoke a snake. Most bites occur when people attempt to attack or handle snakes. If a snake is sighted: Stop work in the area immediately. Report the sighting to supervisors. Contact local authorities or licensed snake catchers to remove the hazard. First Aid for Snake Bites Your workplace should have a trained First Aider. The initial first aid for a bite should include: Lie the person down and keep them still. Applying a broad, firm bandage around the bitten limb, about as tightly as for a sprained ankle. Bandage over the bite site first and then bandage as much of the limb as possible, starting from below upwards. Keep the victim still and calm and splint the limb if possible. Do not cut, wash, or apply a tourniquet to the bite. Access immediate medical care - dial 000. Don’t forget that you will need to complete an incident report after a snake bite has occurred. Then, your risk management follow up processes should be followed. A snake bite may be classified as a notifiable incident, in which case it must be reported to WorkSafe Victoria – call 13 23 60 . Conclusion Snakes are a real workplace hazard , especially in construction, agriculture, and outdoor industries. If your workplace is high risk for snakes then you are required to control the risk of snake bite. Prevention and awareness are the best defence: keep sites clean, reduce food sources, and train workers. Never provoke a snake —leave removal to professionals. First aid knowledge can save lives in the event of a bite. By treating snakes as a legitimate occupational hazard, workplaces can protect their workers from a potentially fatal hazard. For more information, see the following resources: Snakes at work: why you should never handle one yourself | WorkSafe.qld.gov.au Snakes on sites - OHS Reps Notifiable incidents under the Occupational Health and Safety Act 2004 | WorkSafe Victoria https://stjohn.org.au/app/uploads/2025/08/Fact-sheets_snake-bite.pdf

Controlling the risk of Sun Exposure

By admin • December 15, 2025
Sun exposure is one of the most underestimated workplace hazards, especially for outdoor workers. Prolonged exposure to ultraviolet (UV) radiation can cause serious health risks, but with the right protections, employers and employees can reduce these dangers. Why Sun Exposure is a Workplace Hazard UV radiation risk : Outdoor workers are exposed to UV radiation for long periods, which can lead to skin damage, sunburn, premature aging, and skin cancers. Eye health : UV rays can also damage the eyes, increasing the risk of cataracts and other vision problems. Heat stress : Extended time in the sun raises the risk of dehydration, heat exhaustion, and heatstroke, which can impair concentration and increase accident risks. Cumulative exposure : Unlike a one-time hazard, UV damage builds up over years, making outdoor workers particularly vulnerable. Employer Responsibilities The legislation prescribes that employers must provide a safe workplace that is without risks to health and safety. As such, employers must take steps to eliminate or reduce UV exposure risks so far as is reasonably practicable . This includes: Risk assessment : Identifying tasks and times of day when UV exposure is highest. Protective measures : Providing shade structures, scheduling work outside peak UV hours (10 am–3 pm), and rotating tasks to limit exposure. Education : Training workers on the dangers of UV radiation and how to protect themselves. Policy implementation : Establishing sun protection policies as part of workplace health and safety systems. Monitoring conditions : Being aware of UV index levels and reporting unsafe conditions. Consulting with employees : in relation to the hazard of sun exposure. Worker Responsibilities Under the OHS Act, employees have a duty to take reasonable care of their own, and others, health and safety and to co-operate with measures taken by their employer to ensure health and safety. Employees can play a role in protecting themselves by, for example: Wearing protective clothing : Long-sleeved shirts, wide-brimmed hats, and sunglasses with UV protection. Applying sunscreen : Broad-spectrum SPF 30+ sunscreen should be applied regularly throughout the day. Hydration : Drinking water frequently to prevent heat stress. Monitoring and reporting: Being aware of UV index levels and reporting unsafe conditions. Building a Sun-Safe Workplace Culture Creating a workplace culture that prioritizes sun safety is essential. This means: Normalising sunscreen use and reapplication breaks. Encouraging workers to look out for each other’s wellbeing. Making protective gear accessible and mandatory. Recognising that sun protection is not just a personal choice but a workplace safety requirement. Key Takeaways Sun exposure is a serious occupational hazard for outdoor workers. Employers must provide protections such as shade, scheduling, and training. Workers must take proactive steps like wearing protective clothing and using sunscreen. A strong workplace culture around sun safety reduces risks and promotes long-term health. Sunlight is vital for life, but in the workplace, it must be managed like any other hazard. Hazard identification and risk control is a legal requirement under the OHS Act. By treating UV exposure with the same seriousness as machinery or chemicals, employers and workers can ensure safer, healthier outdoor environments. For more guidance in relation to this: Sun protection for outdoor workers | WorkSafe Victoria