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NSW Work Health and Safety Act

NSW Work Health and Safety Act . Module: Incident Notification. WHS Act . About this Module. Purpose: To outline the requirements for incident notification under the WHS Act. WHS Act . Learning Outcomes. The key learning outcomes of this module are:

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NSW Work Health and Safety Act

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  1. NSWWork Health and Safety Act Module: Incident Notification WHS Act

  2. About this Module Purpose:To outline the requirements for incident notification under the WHS Act WHS Act

  3. 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 WHS Act

  4. What we currently have to do What are the current incident notification requirements? WHS Act

  5. 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 WHS Act

  6. 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 WHS Act

  7. 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

  8. 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

  9. Overview of WHS Act What is a dangerous incident? An incident that exposes a person to serious risk to their health or safetyarising from an immediate or imminent exposureto 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. WHS Act

  10. 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 WHS Act

  11. What is the likely impact of these changes? • The WHS Act retains similar notification requirementsto those that currently apply so little change is expected • The duty is for all PCBUs WHS Act

  12. Assessment questions What is an example of a serious injury or illness? What is an example of a dangerous incident? What has to happen if there is a fatality? Can the site of a fatality be disturbed? WHS Act

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