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

On the road again!

By admin • May 26, 2026
BeSafe is hitting the road again! It’s been a super busy year or training across Victoria and we have been taking our training on the road to more regional and remote locations across our state than ever before. We are committed to empowering Victorians to create safer and healthier workplaces, ensuring that every worker can return home physically and mentally well. The BeSafe team are regional Victorians ourselves, so we also understand how difficult it can be to get training outside of the metro area. At the same time, we know too well that regional Victorians are the most vulnerable to unsafe workplaces, with regional areas being massively over-represented in the injury and fatality statistics year-on-year. We truly believe that education saves lives, so we have made it our mission to make sure the All Victorians can access safety training without having to travel to the city. The more we all understand about safety, the greater chance we all have of making it home alive and well at the end of the day. Our experienced trainers can come to you. We can even come to your workplace. We will also work with you to create courses anywhere in Victoria so that we can help you get the training you need. So, if you need training in your area, or at your workplace, reach out and have a chat – we would love to hear from you! Training Locations Across Victoria BeSafe Victoria brings training directly to regional communities, making it accessible to those outside metropolitan areas. Recently, we have delivered training in: Ballarat, Bendigo, Kyabram, Shepparton, Portland, Robinvale, Nhill, Warracknabeal, Blackburn, Stawell, Ararat, Wodonga, Mildura, Werribee and Horsham We are planning more courses soon in these locations as well as hoping to visit some new areas including Gippsland – Morwell / Traralgon, Geelong, Hamilton, Colac, Geelong, Maryborough, Warrnambool, Echuca and Wangaratta – but honestly, we will go anywhere! We also often deliver on-site training for workplaces on-demand! Course Offerings We deliver WorkSafe Approved HSR Training Courses , and also OHS Training for Leaders and Managers , helping them to understand their safety obligations under The Occupational Health and Safety Act 2004 . We have also recently been approved to offer the NEW Psychological Health OHS training course. BeSafe also offers free follow-up support after you have trained with us, so that you can always access the help you need. At BeSafe, we believe that all Victorians should have equal access to high-quality, WorkSafe approved OHS knowledge and we are committed to help you to get the training you need – because safety training saves lives.  Get in touch with us: 0467002060 info@besafevictoria.com.au HSR Training and support | BeSafe | Regional Victoria

Why Refresher Training Matters

By admin • May 18, 2026
At BeSafe Victoria, we love seeing how much our Health and Safety Representatives (HSRs) get out of returning for Refresher Training. There is no doubt in our minds that HSR Refresher Training is really valuable, and we absolutely love seeing old and new participants come in to share their experiences too. There have been significant changes to legislation and OHS requirements and most recently the introduction of the Psychological Health Regulations. We now deliver the brand new WorkSafe Approved Refresher Course focusing on Psychosocial Hazards and have seen how beneficial this new course is to HSRs, who take their new-found knowledge back to their workplaces. HSRs play a vital role in protecting the wellbeing of their colleagues. They are the bridge between workers and management, ensuring that safety concerns are heard, understood, and acted upon. While completing the Initial HSR Training is a great start, refresher training is just as important and in fact, it’s an entitlement under the Occupational Health and Safety Act 2004 for all HSRs and deputy HSRs. 1. Keeping Knowledge Current Workplace safety laws, industry standards, and best practices evolve over time. Annual refresher training ensures HSRs stay up to date with: Changes to OHS legislation in Victoria New hazard control methods and technologies Updated WorkSafe guidance and compliance expectations This means HSRs can confidently apply the most current safety strategies in their workplace. 2. Strengthening Confidence and Skills Even the most experienced HSR can benefit from revisiting core principles. Refresher courses: Reinforce understanding of the role of HSRs Provide practical tools for effective consultation and issue resolution Build confidence in raising and addressing safety concerns 3. Creating Space for Real-World Problem Solving Refresher training offers a collaborative environment where HSRs can: Share experiences and challenges with peers from other workplaces Learn from real-life case studies Explore solutions to complex safety issues This peer-to-peer learning often sparks new ideas that can be applied immediately back on the job. 4. Strengthening Workplace Safety Culture When HSRs are well-trained and confident, they inspire others to take safety seriously. Regular refreshers: Demonstrate a commitment to continuous improvement Encourage open conversations about hazards Help embed safety as a shared responsibility across the workplace Your Right to Attend In Victoria, HSRs are entitled to attend a one-day refresher training each year, and employers must allow this. Choosing a WorkSafe-approved provider ensures the training meets standards and delivers practical, relevant content. Employers who encourage attendance know that HSR refresher training isn’t just a box to tick, it’s an investment in safer, healthier workplaces. By keeping skills sharp and knowledge current, HSRs can continue to be strong advocates for their colleagues and champions of workplace safety. They can play a key role in helping the employer to ensure the workplace is safe and to be compliant with consultation obligations under the OHS Act. At BeSafe, we can deliver training throughout Victoria. We have listed courses on our website, but these are only the tip of the iceberg! We can book in courses on demand in any location and we can even come and deliver a course on-site at your workplace. Don't forget we also offer free support after your course too!  Get in touch with us: 0407002060 info@besafevictoria.com.au