In this article, we continue on our journey to understand what the WA Work Health and Safety Act 2020 (WHS Act) means for WA businesses, one aspect that is important to understand clearly is Incident Notification, which is what we’re going to look at this week.

Under the WHS Act, PCBUs must notify the regulator as soon as they become aware of a death, serious injury or illness, or dangerous incident that arises out of the conduct of the business or undertaking.

Serious Injury or Illness

Below is a list of some of the triggers for serious injury or illness:

  • Immediate treatment as an in-patient in a hospital
  • Immediate treatment for the amputation of any part of the body
  • Immediate treatment for a serious head injury
  • Immediate treatment for a serious eye injury
  • Immediate treatment for a serious burn
  • Immediate treatment for the separation of skin from an underlying tissue
  • Immediate treatment for a spinal injury
  • Immediate treatment for the loss of a bodily function
  • Immediate treatment for serious lacerations
  • Medical treatment within 48 hours of exposure to a substance
  • Medical treatment following urgent transfer from remote location
  • Injury or illness that, in the opinion of a medical practitioner, is likely to prevent the person from being able to do their normal work for at least 10 days

Dangerous Incident

A dangerous incident is where a person or people are exposed to a serious health or safety risk form immediate or imminent exposure to:

  • the uncontrolled escape, spillage or leakage of a substance
  • an uncontrolled implosion, explosion or fire
  • an uncontrolled escape of gas, steam or a pressurised substance
  • an electric shock
  • the fall or release from height of any plant, substance or thing
  • the collapse, overturning, failure or malfunction of, or damage to, plant that is required to be licensed or registered
  • the collapse or partial collapse of a structure, including an excavation or of any shoring supporting an excavation
  • the inrush of water, mud or gas into an underground excavation or tunnel
  • the interruption of the main system of ventilation to an underground excavation or tunnel
  • other incidents as stated in the three sets of WHS regulations

Notification Process

Notice of an incident must be given by the fastest possible means and a record of each notifiable incident must be kept by the PCBU for at least five years. If the notification was via phone, then the regulator may request a written notice, which must be provided within 48 hours of the request.

It is also important that the site of the incident is not disturbed until an inspector arrives at the site or directs otherwise. Note that this does not prevent any action required to protect a person’s health or safety.

*Disclaimer: Please note this communication is provided for general information purposes only. It is not intended as legal advice, only a Legal Practicing Professional can provide legal advice - for further information, please contact us.

Raising Awareness of Officer Duties Under the WHS Act

The WHS Act has made officers and top management more responsible in ensuring the workplace is safe. Safety management is now the responsibility of the directors, the owners of businesses, and the executives to be actively involved in the safety management process and that the relevant systems are functioning well.

The Significance of Due Diligence

The WHS Act requires officers to act in a reasonable manner to remain aware of the hazards and safety requirements involved in the workplace. These involve awareness of operational risks, details on compliance processes and employees being provided with access to the right training and supervision.

Effective safety leadership might allow companies to:

  • Minimise work disruptions and accidents
  • Enhance inter-team accountability
  • Enhance employee confidence and engagement
  • Promote WHS compliance in the long term
  • Reduce reputational risks and financial risks

Employees tend to adhere to the process and report hazards at the earliest when the management shows that it cares about safety.

Important Officer Actions

Officers must take time to assess the performance of workplace safety regularly and promote continuous improvement to meet their WHS obligations effectively. Significant measures can include:

  • The analysis of hazard and incident reports
  • Provision of training and safety system resources
  • Checking compliance with contractors and suppliers
  • Being involved in inspections at the workplace
  • Promoting employee consultation and feedback

Companies that have regular safety audits tend to be more equipped to handle the evolving risks and regulatory demands.

Developing a Powerful Safety Culture

Leadership is visible and this is the beginning of a positive safety culture. Workers appreciate places of work where safety is not a paperwork burden but a priority. Workplace awareness and hazard management can be enhanced with open communication, frequent consultation, and well-developed reporting systems.

The officers may also be assisted in the fulfilment of their duties with the help of modern digital tools. Safety reporting software, audit tracking systems and real-time monitoring tools assist organisations to spot issues faster and respond more efficiently.

For further information, please contact us.