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

Victoria's Psychological Health Regulations have landed - and the Compliance Code

By admin • October 10, 2025
The long-awaited Psychosocial Regulations have been released and now form part of the Victorian OHS Regulatory Framework. Accompanying this release is a new Compliance Code for psychological health – and here you will find the practical guidance you need. In the compliance code, there are the details as to how to comply with OHS duties set out by The Occupational Health and Safety Act and its associated regulations. The code sets out: What a psychosocial hazard is and the risk management process How psychosocial hazards affect employees’ health and safety and why workplace safety culture is important How to manage risks associated with psychosocial hazards (ie: the application of the risk management cycle to psychosocial hazards) What to do if there is a report or incident associated with a psychosocial hazard There are a number of appendices which form part of the compliance code, including a guide for how to identify hazards and many examples of psychosocial risks and how they should be controlled. These include: aggression and violence bullying exposure to traumatic events or content gendered violence high job demands low job control low job demands low recognition and reward low role clarity poor environmental conditions poor organisational change management poor organisational justice poor support poor workplace relationships remote or isolated work sexual harassment The code of practice has been a long time coming, but certainly provides a very useful resource for employers, workers and HSRs when they are working to ensure the psychosocial safety of the workplace. The compliance code can be found here: Compliance code: Psychological health | WorkSafe Victoria More resources can be found here: Psychological health | WorkSafe Victoria If you would like to participate in training or would like some advice, please reach out to us at HSR Training and support | BeSafe | Regional Victoria

Common misconceptions about HSRs

By admin • September 30, 2025
At BeSafe, we often come across misconceptions about Health and Safety Representatives (HSRs) and we thought it was worth taking the time to address some of the more common ones. Understanding the Role of Health and Safety Representatives In many workplaces, the term “Health and Safety Representative” (HSR) is met with a mix of appreciation, confusion, and sometimes even resistance. While HSRs play a vital role in promoting safe work environments, there are often misunderstandings about their purpose, authority, and responsibilities. Let’s unpack a few of the most frequent misunderstandings: “HSRs are part of management.” Not at all. HSRs are elected by workers to represent their health and safety interests. They are not enforcers of company policy, nor are they accountable to management in the same way supervisors are. “They’re just there to report hazards.” While hazard identification can be part of their role, HSRs do much more. They can consult with workers, investigate complaints, participate in risk assessments, and can even request the establishment of a Health and Safety Committee. “HSRs can shut down operations.” This is a big one. HSRs do have the power to issue Provisional Improvement Notices (PINs) and direct unsafe work to cease—but only under specific conditions and within legal boundaries. These powers are designed to protect workers, not disrupt business unnecessarily. “They don’t need training.” In fact, HSRs are entitled to attend approved training courses to understand their rights and responsibilities. This training empowers them to be effective advocates for safety. The Real Role of an HSR HSRs are key to creating safe workplaces. They bridge the gap between workers and management, acting as a conduit to help ensure that safety concerns are heard and addressed. Their role is proactive, as they can help to identify risks before they become incidents. When businesses embrace HSRs as partners in safety, the benefits can include: Improved communication around safety issues Greater worker engagement and morale Reduced incidents and injuries Higher safety standards in the workplace What Businesses Can Do To clear up the confusion and make the most of HSRs, businesses should: Educate leadership and staff on the legal role and rights of HSRs Leaders OHS Course | BeSafe | Regional Victoria Support HSRs with access to training, resources, and time to perform their duties HSR Initial OHS Training Course | BeSafe | Regional Vic HSR Refresher OHS Training | BeSafe | Regional Victoria Engage in genuine consultation —not just tick-the-box meetings Treat safety as a shared goal , not a regulatory burden Health and Safety Representatives really are an asset to business. When businesses understand and respect their role, everyone wins and shares in the benefits of a safer workplace. In summary: An HSR is: Elected by their peers A voluntary role A representative of their designated work group (DWG) Able to work to resolve health and safety concerns on behalf of their DWG Able to act as a conduit to facilitate communication and consultation An HSR is NOT: A safety manager Responsible for the safety of the workplace Responsible for enforcing safety Required to investigate safety matters or act as a technical expert Required to exercise their powers Need more help? Get in touch HSR Training and support | BeSafe | Regional Victoria