Safety Incident Reporting Requirements (S35 WHS Act 2011)

Commencing 1 January are changes the reporting requirements for workplace safety incidents

The following Incidents must be immediately reported to the Worksafe Queensland

a)   the death of a person; or

b)  a serious injury or illness of a person; or

c) a dangerous incident.

A serious injury is any of the following:

a) immediate treatment as an in-patient in a hospital;

b) immediate treatment for—

  • the amputation of any part of his or her body; or
  • a serious head injury; or
  • a serious eye injury; or
  • a serious burn; or
  • the separation of his or her skin from an underlying
    tissue (for example, degloving or scalping); or
  • a spinal injury; or
  • the loss of a bodily function; or
  • serious lacerations; or

c)  medical treatment within 48 hours of exposure to a substance;

and includes any other injury or illness prescribed under a regulation but does not include an illness or injury of a prescribed kind.

A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating
from an immediate or imminent exposure to—

  •  an uncontrolled escape, spillage or leakage of a substance; or
  •  an uncontrolled implosion, explosion or fire; or
  •  an uncontrolled escape of gas or steam; or
  •  an uncontrolled escape of a pressurised substance; 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 that is required to be authorised for use under a regulation; or
  •  the collapse or partial collapse of a structure; or
  •  the collapse or failure of an excavation or of any shoring supporting an excavation; or
  •  the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or
  • the interruption of the main system of ventilation in an underground excavation or tunnel; or
  •  any other event prescribed under a regulation;

but does not include an incident of a prescribed kind.

The notice must be given as required under this section and by the fastest possible means.

The notice must be given—

a)  by telephone; or

b)    in writing.
Example— The written notice can be given by facsimile, email or other electronic
means.

A person giving notice by telephone must—

a)  give the details of the incident requested by the regulator; and

b)  if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.

A written notice must be in a form, or contain the details, approved by the regulator.

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