Under changes that commenced on 1 July 2024, the requirements for incident notification to WorkSafe Victoria for serious incidents have been broadened to include prescribed plant and equipment used outside of workplaces. Most relevantly, this includes forklifts.
In addition, the definition of a serious incident has been expanded to include, if the prescribed plant and equipment immediately or imminently exposes a person to a serious risk to their health or safety due to collapse, overturning, failure, malfunction or damage, the duty to notify WorkSafe applies. Previously, the definition was limited to, if the incidents expose a person in the immediate vicinity (of the equipment) to an immediate health or safety risk, then the duty to notify applied.
These changes to the OHS Regulations 2017 have been made to bring alignment with the requirements under the Equipment (Public Safety) Regulations 2017.
While these changes broaden the potential number of incidents that may be notifiable to WorkSafe Victoria, it doesn’t create additional duties for employers.
Prescribed plant now included in incident notification:
Employers and self-employed persons are required to notify WorkSafe when they become aware of an incident that immediately or imminently exposes a person to a serious risk to their health or safety due to collapse, overturning, failure, or malfunction of, or damage to plant that is required to be licenced or registered, including:
- subject to sub-regulation (2), plant that lifts or moves persons or materials (other than a ship, boat, aircraft or, except as provided in sub-regulation (4), a vehicle designed to be used primarily as a means of transport on a public road or rail) e.g. quad bikes and forklifts
- pressure equipment e.g. compressors (air receiver tank)
- tractors
- earth moving machinery e.g. excavators
- scaffolds
- temporary access equipment e.g. elevated work platform (scissor or boom lifts)
- explosive-powered tools
- turbines
- amusement structures.
Notifiable Incidents
Notification is required where an incident at a workplace results in:
- death; or
- serious injury.
Serious injury includes, but is not limited to, incidents that result in a person requiring:
- medical treatment within 48 hours of exposure to a substance
- immediate treatment as an in-patient in a hospital
- immediate medical treatment for:
- amputation
- serious head injury
- serious eye injury
- separation of skin from underlying tissue (for example de-gloving or scalping)
- electric shock
- spinal injury
- loss of bodily function
- serious lacerations.
The notification duty also applies to other incidents that immediately or imminently expose a person to a serious risk to their health and safety, relevantly including:
- the collapse or failure of an excavation or any shoring supporting an excavation
- the collapse or partial collapse of a building or structure
- an implosion, explosion or fire
- the escape, spillage or leakage of any substance including dangerous goods
- the fall or release from a height of any plant, substance or object.
Site Preservation
An employer or self-employed person who has the management and control of a workplace where a notifiable incident has occurred must ensure the incident site is not disturbed until:
- an inspector arrives at the site; or
- such other time as directed by an inspector when WorkSafe is notified of the incident.
Incident notification can be made by calling WorkSafe on 13 23 60. This line is available 24 hours a day, seven days a week, including public holidays.
If a serious incident occurs in the workplace, members should immediately contact the VACC OHSE Unit for advice on 03 9829 1138.