In recent weeks, a WA-based firm was fined $90,000 after a worker was seriously injured while on site.

WorkSafe charged the company for only reporting the incident to the regulator three weeks after it happened, for failing to ensure the site where the incident occurred was not disturbed and failing to ensure that a safe work method statement was prepared for the work.

This incident is a timely reminder that it is your duty to conduct thorough risk assessments before work begins and to put safe work procedures in place to reduce the risk of injury to workers and others which includes notifying WorkSafe if an incident occurs.

Reporting requirements are detailed, in Part 3 - Incident Notification Sect 35-39 of the WHS Act and includes additional injury classifications. 

What is a 'notifiable incident' and when to report?

Under the WHS Act, a notifiable incident is an incident that results in the following:

Serious injury or illness

A serious injury or illness that requires the worker to have immediate treatment as an in-patient in a hospital, or immediate treatment is also reportable. This includes injuries such as amputation, or serious injuries to the head, eye, burns, or lacerations.

Dangerous incidents

A dangerous incident is one that exposes a worker (or any other person) to a serious risk regarding health or safety stemming from an immediate or imminent exposure. This includes situations such as an uncontrolled escape, spillage or leakage of a substance, an uncontrolled implosion, explosion or fire or an uncontrolled escape of gas, steam, or a pressurised substance.

It is important to note that a dangerous incident does not have to result in an injury to a worker or other persons but does have the potential to cause serious injury. It is important to consider the potential that may result from an incident and not just the actual impact that occurs.

Duty to notify of notifiable incidents

 
Members must notify WorkSafe WA immediately after becoming aware of a notifiable incident.

Furthermore, notice of an incident must be given by the fastest possible means, by telephone or in writing (including electronic means, where available). If notice is given by telephone, WorkSafe WA may request follow-up written notice of the incident. This must be provided within 48 hours of the request. A record of each notifiable incident must be kept by members for at least five years.

Penalty for non-compliance to notify of an incident:

• Individual - a fine of $12,500
• PCBU - a fine of $55,000

Duty to preserve incident site

 
Ensure that the incident site is not disturbed, as far as is reasonably practicable, until a WorkSafe inspector arrives, or as directed otherwise.

Penalty for non-compliance to preserve incident site:

• Individual - a fine of $12,500
• PCBU - a fine of $55,000

It is important to remember that a site can include any plant, substance, structure, or thing that is associated with the notifiable incident.

The site can be disturbed for the purposes of assisting injured persons, removal of a deceased person, to make the site safe or to minimise the risk of a further notifiable incident, any action associated with a police investigation or where the WorkSafe WA inspector has given permission.

In our Winter edition of Risk Matters, our Ask the Expert article further details everything you need to know about work safe notices, what to do when a notifiable incident occurs, and how crucial it is that you report incidents.