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

HSRs are not Union Reps: Clearing the confusion

By admin • November 24, 2025
When it comes to workplace safety, one role often misunderstood is that of the Health and Safety Representative (HSR) . Many people assume HSRs are the same as union representatives — but that’s not the case. While both roles aim to protect workers’ interests, their focus, powers, and responsibilities are quite different. What Is an HSR? An HSR is a worker elected by their peers to represent their health and safety interests . They are chosen from within a designated work group and act as a direct link between workers and management on safety matters. Under the Occupational Health and Safety Act 2004 (Vic) , HSRs have specific powers, such as: Inspecting the workplace for hazards. Accompanying WorkSafe inspectors during visits. Requesting the formation of a health and safety committee. Issuing Provisional Improvement Notices (PINs) Importantly, HSRs do not negotiate pay, conditions, or other industrial matters — their role is purely about health and safety. How They Differ from Union Representatives Union representatives (or delegates) are appointed or elected to represent workers on a wide range of workplace issues, including wages, rosters, and employment conditions. They may also support members in disputes or negotiations with employers. While an HSR can be a union member — and unions often provide training and support to HSRs — the position itself is independent of union affiliation . You don’t need to be in a union to be elected as an HSR, and you don’t automatically become a union rep by taking on the role. Why the Distinction Matters Confusing the two roles can lead to misunderstandings in the workplace. For example: Employers might wrongly assume HSRs are pushing a union agenda, when in fact they are fulfilling legal safety duties. Workers might hesitate to raise safety concerns with an HSR if they are not themselves a union member, due to confusion about their role. By recognising that HSRs are safety advocates, not industrial negotiators , workplaces can foster more open, constructive conversations about keeping everyone safe. Bottom line: In Victoria, HSRs are there to represent their co-workers on OHS matters, helping to make sure your workplace is safe. Whether you’re in a union or not, you can elect an HSR. This is a key way to ensure that consultation is occurring and that you have a conduit through which to raise health and safety concerns. Remember: HSRs = Safety advocates under the OHS Act. Union Reps = Industrial advocates under workplace laws. So, it is important to know that you can (and have a legislated right to) elect an HSR at your workplace whether or not you work in a unionised workplace. All workplaces will benefit from having elected HSRs and safety structures in place – AND this has been proven to result in safer workplaces. Not sure how to elect an HSR? Reach out to us at admin@besafevictoria.com.au

Q fever as a hazard in the workplace

By admin • November 17, 2025
Q fever is a serious but preventable disease that affects people working with animals or animal products. Protecting yourself and your workplace requires awareness, vaccination, and safe practices. What is Q Fever? Q fever is an infectious disease caused by the bacterium Coxiella burnetii. It primarily affects people who work with animals such as cattle, sheep, and goats, or handle animal products like hides, wool, and meat. The bacteria can survive in dust and soil for long periods, making it easy to spread in agricultural and processing environments. Who is at Risk? Certain industries and roles face higher exposure: Farmers, shearers, and abattoir workers Veterinarians and animal handlers Meat and dairy processors Laboratory staff working with animal samples Workers at stockyards, animal transport, in shearing sheds etc Any workers in animal facilities Even visitors to farms or facilities can be at risk if proper precautions aren’t taken. How do you get Q Fever? Q fever can he transmitted through aerosols, dust or through contaminated animal products. For example: Through animal tissues, such as when birthing, slaughtering or butchering Through faeces, urine and placentas From contaminated wool, hides, animal bedding, or equipment When breathing in dust infected by animals, including when mustering, transporting or shearing When slashing contaminated grasses or handling contaminated soil or hay By drinking unpasteurised milk which is infected By touching infected tissues or fluids when you have a cut or broken skin What are the signs of Q Fever? Q fever causes an illness which can last for up to 6 weeks, with symptoms ranging from mild to severe. Common symptoms include: High fever and chills Severe headaches Muscle pain and fatigue Sweats and weight loss Nausea, vomiting and diarrhoea In some cases, pneumonia or hepatitis However, some people don’t recover, and they can develop a chronic illness which can last for months or years. Chronic Q fever is rare, but when it does happen, it can lead to long-term complications such as heart valve infections and infections of the bones and joints, as well as vascular disease. Up to 15% of infected people will experience sever fatigue which can last for years and is extremely debilitating. Preventing Q Fever Prevention is the best protection. Key strategies include: Vaccination : The Q fever vaccine is highly effective but requires pre-screening to avoid adverse reactions. Pre-screening will identify those who have been previously exposed or have been previously vaccinated for Q fever. Safe Work Practices : Minimise dust in animal handling areas. Use protective clothing and masks (PPE). Practice good hygiene, including handwashing after contact with animals. Education and Awareness : Employers should train workers on risks and prevention measures. Health Monitoring : Encourage workers to report symptoms early for timely medical intervention. Employer Responsibilities Employers have a duty to provide a safe workplace. If there may be a risk of exposure to Q Fever in their workplace, this includes: Offering vaccination programs Implementing dust control measures Providing personal protective equipment (PPE) Ensuring staff are informed about Q fever risks and prevention Identification of high-risk areas of the workplace Having a workplace Q fever policy As with all workplace hazards, the employer has a duty to provide a safe workplace and to control risks to health as far as reasonably practicable. They also have a duty to consult with their employees and their health and safety representatives (HSRs). This includes during the hazard identification process, which making decisions on how to control risks, and when monitoring how the control measures are working. Building a Safer Future Q fever is preventable, but only if workplaces and individuals take proactive steps. Vaccination, hygiene, and awareness are the cornerstones of prevention. For those working with animals or animal products, staying informed and protected is not just about personal health—it’s about safeguarding the entire community. Q fever is a workplace hazard that demands attention. With vaccination and safe practices, we can protect workers, families, and communities from this hidden threat. More information on Q fever can be found at Q fever | Better Health Channel or at Preventing Q fever | WorkSafe Victoria