There is often confusion about the role of a Workplace Health and Safety Regulator in the immediate aftermath of a fatality or a serious injury, disease outbreak or an accident that occurs in a workplace or whilst employees are carrying out work-related duties.

The Occupational Safety and Health Act 1984 (the Act) requires all Western Australian employers across all industries and sectors to report Notifiable Incidents to WorkSafe or risk prosecution for breach of the Act.

A Notifiable Injury is one that is prescribed by the Act and the corresponding Regulations and includes an injury or disease that:

  • causes the death of an employee;
  • is incurred by the employee in prescribed circumstances, such as when working in particular industry sectors; or
  • is an injury or disease of the kind that is prescribed by the Regulations including (but not limited to) –
    • fractures of the skull, spine or pelvis;
    • a fracture of any bone in the arm (other than in the wrist or the hand) or the leg (other than in the ankle or foot);
    • an amputation of an arm, hand, finger, finger joint, leg, foot, toe or toe joint;
    • the loss of sight in an eye;
    • infectious diseases including tuberculosis, viral hepatitis, legionnaires' disease and HIV;
    • occupational zoonoses including Q Fever and Anthrax; or
    • any injury which may prevent the employee from being able to work within 10 days of the day on which the injury occurred.

The Act and Regulations ensure that reporting incidents is a smooth process by providing prescribed forms to use for the purposes of reporting, which assist the employer to include all required information. Reporting can also be completed by telephone.

Some Helpful Hints When Reporting An Injury

There are a number of pitfalls when completing the requisite reports and so the following points may assist you to avoid these common traps:

  • fill out the latest version of the Notifiable Injury Form as they are subject to periodic review and change – this is currently a Form 1 for Notifiable Injuries and a Form 2 for Notifiable diseases – copies of which can be obtained from the Occupational Safety and Health Regulations 1996 or directly from WorkSafe;
  • ensure the correct person is responsible for completing the incident report – the relevant person is generally the employer of the employee (including the self-employed person);
  • complete the requirements for notification as soon as possible;
  • in the event that you are not entirely aware of all the circumstances leading to the injury or disease outbreak, make sure you let WorkSafe know by marking your forms with "Subject to Investigation"; and
  • seek legal advice for tailored assistance in the investigation and reporting obligations to ensure that you are compliant with your obligations under the Act and Regulations.

In the event that a fatality or serious injury occurs it is very likely that WorkSafe will commence their own investigation into the circumstances surrounding the incident. To keep the process as transparent as possible it is best practice to notify WorkSafe in writing using the prescribed forms, rather than simply relying on a telephone call.

For Employers in the Mining Industry

Reporting requirements for injuries, disease outbreaks and fatalities that occur on mine-sites or in conjunction with mining have similar reporting obligations. However, these obligations are set out in the Mine Safety and Inspection Act 1994 and corresponding regulations. Stay tuned for our next update that will cover reporting obligations for employers in the mining industry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Kott Gunning is a proud member of