Changes to WorkSafe (Victoria) Notifiable Incidents
DAVID MCKELVIE, SafeMix provides an explanation of the new obligations for WorkSafe Victoria’s notifiable incidents.
New requirements for Incident notification for plant and equipment under the Occupational Health and Safety Regulations 2017 (OHS Regulations) and the Equipment (Public Safety) Regulations 2017 (EPS Regulations) have commenced.
Before the new regulations, the list of plant that were prescribed as notifiable was relatively limited and did not include many types of plant commonly used that pose a higher risk such as tractors, quad bikes, forklifts, excavators and mining and quarrying equipment.
These changes will mean that WorkSafe will be better informed about serious safety incidents involving plant.
This plant relevant to the construction materials industry is now inclusive of pressure equipment, tractors, earthmoving machinery, scaffolds, temporary access equipment and explosive-powered tools.
From 1 July 2024, there will be new obligations and new types of plant and equipment that you will need to notify WorkSafe about if they are involved in an incident.
An obligation to notify
Under the Occupational Health and Safety Act 2004 (OHS Act), employers and self-employed persons must notify WorkSafe immediately after becoming aware a notifiable incident has occurred. Failure to report an incident to WorkSafe is an offence and may result in prosecution.
You must report incidents resulting in
• death of a person
• a person needing medical treatment within 48 hours of being exposed to a substance
• a person needing immediate treatment as an in-patient in a hospital
• a person needing immediate medical treatment for one of the following injuries: amputation, serious head injury or serious eye injury, removal of skin (example: degloving, scalping), electric shock, spinal injury, loss of a bodily function, serious lacerations (example: requiring stitching or other medical treatment)
Medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practice in the medical or nursing or midwifery profession (doctor, nurse, midwife etc.).
You must also report the following incidents
You must also report the following incidents if they expose a person to a serious risk to their health or safety emanating from an immediate or imminent exposure to:
• an uncontrolled escape, spillage or leakage of any substance , including dangerous goods within the meaning of the Dangerous Goods Act 1985, or
• an implosion, explosion, or fire, or
• electric shock, or
• the fall or release from a height of any plant, substance, or thing, or
• the collapse, overturning, failure, or malfunction of, or damage to, any plant, including plant in relation to a mine, that is prescribed by the Occupational Health and Safety Regulations 2017 (OHS Regulations), or the design of which must be registered in accordance with the OHS Regulations,
• the collapse or partial collapse of a building or structure, or
• the collapse or failure of an excavation or mine or of any shoring supporting an excavation or mine, or
• the inrush of water, mud, or gas in workings in a mine, underground excavation, or tunnel, or
• the interruption of the main system of ventilation in a mine, underground excavation, or tunnel.
Dangerous goods incidents
Under the Dangerous Goods Act 1985 all accidents involving dangerous goods must be reported to the nearest fire authority or police station, including:
• fire
• explosion
• spills
• leakage
• escape
This does not apply to prescribed dangerous goods or prescribed quantities of dangerous goods.
Explosive incidents
Under the Dangerous Goods (Explosives) Regulations 2022 the following must be reported:
• incidents relating to explosives involved in explosions, fire or other incidents causing:
• • injury to any person or immediate risk to their health or safety
• • property damage
• theft or loss of explosives, break in or attempted break in
Reporting the Incident
Notify WorkSafe immediately by calling 132 360.
WorkSafe will lodge details of the incident and email you a link to an online incident notification form.
Once you have completed and submitted the online incident notification form, you will receive a confirmation email with a copy of your records.
WorkSafe will then advise if an inspector will make a site visit and whether the incident scene can be disturbed before the inspector’s attendance.
Incident Scene
Ensure the incident scene is not disturbed until a WorkSafe Inspector arrives.
However, incident scenes can be disturbed if necessary to:
- protect a person’s health or safety
- help someone who is injured
- make the area safe or prevent a further incident
Further Information can be found at:
https://www.worksafe.vic.gov.au/incident-notificationchanges-plant-and-equipment
Further Information can be found at:
https://www.worksafe.vic.gov.au/incident-notificationchanges-plant-and-equipment
Please note there are other obligations to report incidents inclusive of:
The Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010, Part 2 –
Work Plans and Extractive Industry Work Authorities, Regulation 13 provides information relating to reportable events at quarries when working under a Work Authority.
Earth Resources Regulation Duty Officer: 0419 597 010 (24 hours)
Written notifications:
ERRChiefInspector@deeca.vic.gov.au
National Heavy Vehicle Accreditation Scheme (NHVAS)
Notifiable Occurrence reporting.
https://www.nhvr.gov.au/files/202010-1180-nhvasnotifiable-occurrence-reporting.pdf
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