When something serious happens on site, the clock starts immediately — you have to notify the regulator and preserve the scene, and getting either wrong is a separate offence on top of whatever caused the incident. Here is what is notifiable, the process, and the site-preservation rule.
What is notifiable
A work-related incident involving a death, a serious injury or illness, or a dangerous incident (a serious near-miss). Minor injuries and routine first aid generally are not.
- Deaths: a fall, struck-by plant, trench collapse, electrocution.
- Serious injury or illness: amputation, serious head/spinal/crush injury, serious burns — and crucially, admission to hospital as an in-patient for treatment (not just observation).
- Dangerous incidents (even with no injury): the collapse, overturning or failure of scaffolding, a crane, hoist or EWP; collapse of a structure or excavation (shoring failure); an uncontrolled escape of gas or a hazardous chemical; an uncontrolled fire or explosion; an electric shock.
It has to "arise out of the conduct of the business" — connected to the work, not a spontaneous medical event with no work cause.
Who notifies, and how fast
The duty sits with the PCBU with management or control (usually the principal contractor). You must notify the state WHS regulator immediately by the fastest means (usually phone). If you notify by phone, the regulator can ask for written notification within 48 hours. Some states also require notifying your workers' compensation insurer within a set period (often 48 hours). Have the details ready: the site, time, what happened, the injured person, the immediate actions, and any ongoing risks.
Preserve the site
Once you know a notifiable incident has happened, you must preserve the scene — do not disturb the site, plant, substance or structure — until an inspector arrives or directs otherwise. Only the immediate area needs preserving; the rest of the site can keep operating if it is safe. You can disturb the scene to help an injured person, remove a deceased person, make the site safe (isolate energy, shore an excavation), or follow an inspector's or police direction. An inspector can issue a non-disturbance notice. Failing to preserve is a separate offence from failing to notify.
What it costs, and what follows
Failing to notify is an offence — penalty units by jurisdiction (in NSW, for example, running into the tens of thousands for a body corporate) — and failing to preserve carries its own penalty, sitting alongside the Category 1–3 structure. Then comes the investigation: the inspector attends, controls the scene, examines plant, takes evidence, and reviews your SWMS, training, induction and maintenance records — so good paperwork matters here too. Outcomes range from advice and notices to enforceable undertakings or prosecution.
The on-site sequence
Stop → Make safe → Preserve → Notify → Record → Cooperate. The Incident / Notifiable-Incident report template captures it, and the regulator numbers are on the Emergency Numbers card.
Common mistakes
- Not notifying immediately.
- Cleaning up or moving plant before the inspector clears the scene.
- Forgetting the workers' comp insurer notification.
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