Enhancing WHS Incident Notification: What's Changing and Why It Matters

The following is an abridgement of an article originally published by Safe Work Australia.

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The 2018 Review of the WHS model laws led to a critical decision to update incident notification requirements. The review of the Work Health and Safety (WHS) Act has ensured the following:

• Alignment with the 2008 National Review’s intentions.
• Capturing relevant incidents, injuries, and illnesses from new work practices and industries.
• Providing WHS regulators with appropriate visibility of work-related psychological injuries and illnesses.

Key Changes to Incident Notification Requirements

These updates have been made to equip businesses (PCBUs) with more clarity on:

• The types of incidents that need to be notified, with a focus on incidents arising out of the conduct of the business or undertaking.
• Applying objective tests to define necessity for serious injury or illness notifications.
• Clarifying notifications responsibilities of all parties at a workplace to outline duty of notification among PCBUs.
• Outlining who are the correct medical treatment providers for substance exposure.
• Ensuring the correct protocols are followed by preserving evidence.

Addressing Gaps and Providing Certainty

The changes address the gaps and provide more certainty by:

• Notifying incidents such as falls, electrical hazards, and mobile plant incidents which are considered dangerous.
• Notifying all serious injuries and illnesses which include head injuries, crush injuries, and bone fractures.
• Capturing violent incidents, even when they don’t result in serious physical injury but can still pose critical risks to health and safety.
• Requirement of immediate notification of work-related suicides, or attempted suicides and the potential links to the work environment.
• Requirement of reporting worker absences of over 15 consecutive days in a timely manner, that are due to psychological or physical injury or illness related to work.

Next Steps

Safe Work Australia will be collaborating with the Parliamentary Counsel’s Committee to create amendments to the model WHS Act, with a suspected completion date of early 2025. These changes will only take effect once implemented in the respective jurisdiction's WHS laws.

Safe Work Australia is also planning to provide comprehensive guidance to help duty holders recognise the new notification requirements once they have been put in place. At the moment, you are able to review the current guidance on incident notification provided by Safe Work Australia.

Public Consultation Insights

From June 2021 to September 2022, a detailed review of incident notification provisions took place, which included extensive consultation with the public which was completed in 2023. By the end of the feedback period in September 2023, there were 62 submissions. For a better understanding of the consultation process and to read the submissions, visit Safe Work Australia’s Consultation Hub.

Stay informed and prepared for these upcoming changes to ensure your workplace remains compliant and safe.