Proposed changes to incident notification requirements under the Model Work Health and Safety Laws

Work Health and Safety (WHS) ministers in each of the model jurisdictions have agreed to a range of recommendations aimed at improving the incident notification provisions in the model WHS Act. These proposed changes seek to provide greater clarity, address gaps in the current notification requirements, and ensure that emerging psychosocial hazards and psychological harm are adequately captured.

The proposed changes are indented to provide clarity to persons conducting a business or undertaking (PCBUs) on their obligations in relation to:

1. the scope of incidents ‘arising out of the conduct of the business or undertaking’ that require notification;
2. the test for determining whether a serious injury or illness must be notified;
3. the requirement for PCBUs at a workplace to notify each other of incidents; and
4. the need to preserve evidence and incident sites.

Safe Work Australia will also work to address gaps in the notification requirements, and provide additional certainty to PCBUs regarding:

1. the requirement to notify of dangerous incidents involving falls, electrical hazards, and mobile plant incidents;
2. mandatory notification of all serious injuries and illnesses, including serious head injuries, crush injuries, and bone fractures;
3. recording violent incidents that expose workers or others to serious physical or psychological health and safety risks, even if no serious physical injury occurs;
4. requiring the immediate notification of work-related (or suspected work-related) suicides or attempted suicides of workers, as well as suicides or attempted suicides of other persons in specific settings; and
5. the requirement to notify if a worker is absent (or likely to be absent) for 15 or more consecutive calendar days due to a work-related psychological or physical injury, illness, or harm.

Implementation

Safe Work Australia will work with the Parliamentary Counsel's Committee to draft amendments to the model WHS Act, aiming to finalize these amendments by early 2025. However, it is important to note that these changes will only take effect in a jurisdiction once implemented in that jurisdiction's WHS laws.

Safe Work Australia will also develop detailed guidance to assist duty holders in understanding the new notification requirements once implemented.

For more information, see Safe Work Australia's media release on proposed changes to incident notification requirements here

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