by HSEI Training
All businesses need to be aware of their obligations to inform their respective safety regulator of a notifiable incident. Depending on the jurisdiction failure to do so can result in, not only a penalty of up to $100,000 (or possibly more), but also the clock on limitation periods for the commencement of a prosecution does not start until the incident is notified.
What is a notifiable incident?
The objective of an incident investigation report is not only to be able to report accurately on the incident facts, incident mechanism and the contributing factors, but to also demonstrate that the investigation has been conducted in a professional manner.
Writing the Report
A notifiable incident is one involving a serious injury, illness or death of a worker, or a dangerous incident (also called a near miss).
A person has suffered a serious injury or illness if they require:
immediate treatment as an inpatient in a hospital
medical treatment within 48 hours of exposure to a substance, or
immediate treatment for the amputation of any body part; a serious head, eye or burn injury; the separation of skin from an underlying tissue (such as degloving or scalping); a spinal injury; or a serious laceration
A dangerous incident includes:
uncontrolled spillage or leakage of a hazardous substance
an implosion, explosion or fire
an electric shock
any plant, substance or thing falling from a height
the collapse, overturning, failure or malfunction of any plant that must be authorised for use
the collapse or partial collapse of a structure or excavation
the inrush of water, mud or gas in an underground tunnel or excavation, or
the interruption of the main system of ventilation in an underground tunnel or excavation
5 key steps to take when a notifiable incident occurs
Once an incident occurs at your workplace, you need to:
Attend to any injured workers
Secure the worksite
Report the incident to your health and safety regulator. You must notify the safety regulator immediately by telephone and, if requested, also in writing within 24-48 hours of the incident. If you are not sure whether the incident is a ‘notifiable incident’, get immediate advice
After taking care of any injured worker’s needs and securing the worksite, you may need to provide appropriate care and possibly counselling for other workers who might have been affected by the incident
Be careful – while it is an offence to disturb the scene of the incident, it may be necessary to modify the worksite to avoid further risks of injury, including to the injured worker. For example, if the worker is trapped under a structure and it looks possible that the structure will collapse. Moving the structure could also cause further harm to the injured person, so be sure to have appropriately competent persons on site to make these assessments
Interested in Knowing More?
For in-depth advice about managing notifiable incidents, please contact one of our expert team today. https://www.hseigroup.com/contact.
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