The Model Work Health and Safety (WHS) Act is the key piece of workplace safety legislation in Australia. It establishes key responsibilities for employers and workers to ensure safe working environments. One of the crucial elements of the WHS Act is the requirement for incident notification, which mandates that certain workplace incidents be reported to regulators
In June 2024 Work Health and Safety (WHS) ministers agreed to a range of recommendations to improve the incident notification provisions in the model WHS Act. Safe Work Australia are currently working with the Parliamentary Counsel’s Committee to draft amendments to the WHS Act, with the aim of finalising these amendments by early 2025.
The WHS Act is administered at both the federal and state levels in Australia, and each jurisdiction may have its own timeline for enacting these revisions. Changes will not take effect in a jurisdiction until they have been implemented in the WHS laws of the jurisdiction and will be announced in advance.
The changes to this aspect of the WHS Act will significantly impact how businesses handle and report workplace incidents.
Understanding the Current Framework
Under the existing WHS Act, businesses must notify the relevant regulator of incidents that result in serious injuries or illnesses or involve dangerous incidents. These notifications are essential for regulators to monitor workplace safety and ensure compliance with safety standards. Serious injuries include those that require hospitalisation or involve serious risk to health, while dangerous incidents cover situations with a potential for serious harm, like uncontrolled releases of hazardous substances.
Key Changes to Incident Notification
The upcoming changes to the WHS Act will provide clarity and certainty of existing provisions for persons conducting a business or undertaking (PCBUs), as well as address gaps in the current notification requirements, particularly in relation to notifications for psychosocial hazards and psychological harm, including serious workplace violence and attempted suicide. Here are the main changes:
- Broadened Definition of Notifiable Incidents: The updated Act will expand the definition of notifiable incidents to include a wider range of scenarios. This means businesses may need to report incidents that previously might not have met the threshold for notification. The definition will include situations that expose workers or others to serious risk, even if no one is injured. This aims to ensure more incidents are scrutinised, enhancing overall workplace safety.
- Tightened Timeframes for Reporting: To this point businesses have had some leeway in the timing of incident notifications. However, the changes will dictate stricter timeframes for reporting. Employers will need to report notifiable incidents within a specific number of hours from when they become aware of serious injuries, illnesses, dangerous incidents or deaths in the workplace. This change is aimed at ensuring a more immediate response and quicker intervention to address potential safety issues.
- Enhanced Reporting Details: The revised Act will require more detailed information in incident reports. This includes not only basic details of the incident but also comprehensive accounts of the circumstances leading up to it, immediate actions taken, and measures implemented to prevent recurrence. This greater level of detail is designed to provide regulators with a clearer picture of the incident and its context, facilitating better oversight and enforcement.
- Increased Penalties for Non-Compliance: To ensure adherence to the new requirements, the revised Act introduces increased penalties for failing to report notifiable incidents in a timely and accurate manner including significant fines and repercussions. This move highlights the seriousness of incident notification and aims to deter businesses from neglecting their reporting responsibilities.
- Improved Digital Reporting Systems: The WHS Act changes will also see the implementation of more advanced digital reporting systems. These systems are intended to streamline the reporting process, making it easier for businesses to submit incident reports and for regulators to track and manage them.
Implications for Businesses
These changes will require businesses to reassess and potentially overhaul their incident reporting procedures to ensure they have clear and concise incident reporting protocols. These protocols should outline what constitutes a notifiable incident, the steps to take when an incident occurs, and how to differentiate between critical and non-critical incidents.
Companies should review their current practices to ensure they align with the new requirements. This might involve updating reporting protocols, training staff on the revised procedures, and investing in new reporting technologies.
Additionally, with the increased penalties for non-compliance businesses will need to ensure they are more vigilant in monitoring for notifiable incidents and preparing detailed reports promptly.
Moving Forward
The indented changes to the WHS Act regarding incident notification represent an important shift towards more thorough workplace safety oversight. By increasing the scope of notifiable incidents, tightening reporting timeframes, and enhancing detail requirements, the changes intend to foster a safer working environment across Australia.
These changes, while challenging, underscore the importance of a strong safety culture. Overall, leading to earlier interventions and better safety outcomes.
Businesses should take these changes seriously and prepare to adapt their practices to meet the new standards, ultimately contributing to a safer and more accountable workplace.
If you need help understanding the upcoming changes to incident notification in the WHS Act or general Workplace Health and Safety Advice? Try Big Yellow Safety. Contact us to arrange a free 30-minute introductory call with our WHS specialist team.
Phone 07 5655 4048. Servicing the Gold Coast, Tweed Heads and Northern NSW.