NSW Work Health and Safety Act

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NSWWork Health and Safety Act
WHS Act

• Module Incident Notification

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About this Module
Purpose To outline the requirements for incident
notification under the WHS Act
WHS Act
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Learning Outcomes

• The key learning outcomes of this module are
• Understanding of the incident notification
  requirements in the WHS Act
• Understanding of the changes from the current NSW
  incident notification requirements

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What we currently have to do
WHS Act

• What are the current incident notification
  requirements?

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OHS Act 2000

• NSW OHS Act requires an occupier (usually also an
  employer) to notify WorkCover immediately of a
• Fatality
• Serious injury (e.g. amputation, burns)
• Serious incident that poses an immediate threat
  although no one may have been injured
• (e.g. excavation collapse
• .that occurred at the place of work

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OHS Act 2000

• Secondly, the current NSW OHS Act requires in the
  case of a fatality or any other incident
  prescribed by the regulations that the site not
  be disturbed
• The site must not be disturbed for up to 36 hours
  after the incident unless required to assist
  injured workers or to prevent further injury
• Notification by phone for serious incidents and
  followed up by details in prescribed form within
  7 days
• All other incidents notified by prescribed form
  within 7 days

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What is different in WHS Act about Incident
Notification?

• New Act has similar notification requirements to
  the current NSW legislation

WHS Act
New Act does not include 7 day unfit for work
provision found in NSW definition
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Overview of WHS Act
What is a notifiable incident?

• An incident involving the death of a person,
  serious injury or illness of a person or a
  dangerous incident

WHS Act
What is a serious injury or illness?
An injury or illness including immediate
treatment as an in-patient in a hospital or
immediate treatment for amputation, spinal
injury, serious lacerations etc. or medical
treatment within 48 hours of exposure to a
substance at a workplace
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Overview of WHS Act
What is a dangerous incident?

• An incident that exposes a person to serious risk
  to their health or safety arising from an
  immediate or imminent exposure to matters such
  as, for example
• an uncontrolled escape, spillage or leakage of a
  substance, or
• an uncontrolled implosion, explosion or fire or
• an uncontrolled escape of gas or steam.

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What WHS Act says PCBUs must do

• Notify WorkCover of a notifiable incident
  immediately after becoming aware of it
• Notify by phone or in writing- quickest means
  possible
• Ensure that the incident site is preserved until
  an inspector arrives or until directed by an
  inspector. Does not prevent action to assist
  injured persons or make site safe
• Keep a record of notifiable incidents for 5 years

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What is the likely impact of these changes?

• The WHS Act retains similar notification
  requirements to those that currently apply so
  little change is expected
• The duty is for all PCBUs

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Assessment questions

1. What is an example of a serious injury or
   illness?
2. What is an example of a dangerous incident?
3. What has to happen if there is a fatality?
4. Can the site of a fatality be disturbed?

WHS Act