Notify WorkSafe ACT

If a notifiable incident occurs as a result of the conduct of a business or undertaking, the Person Conducting the Business or Undertaking (PCBU) must notify WorkSafe ACT by the fastest means possible immediately after becoming aware that the incident has occurred, either by telephone or in writing. This can be done by:

Telephone: Business hours: 13 22 81 or After hours: 0419120028

In writing: By completing a Notification of incident form.

Our preference is that you telephone WorkSafe ACT in the first instance (fastest means possible).

If you notify WorkSafe ACT by telephone, if the Inspector you speak to requests notification in writing, you must complete a Notification of incident form within 48 hours of the Inspector’s request.

A sexual assault incident is also a notifiable incident.

A sexual assault incident means an incident (including a suspected incident) in relation to a workplace that exposes a worker or any other person at the workplace to sexual assault.

If there is a workplace sexual assault incident, including a suspected incident, the PCBU must notify WorkSafe ACT using the Sexual Assault Incident Notification Form.

If the notifiable incident occurs in a workplace where there are multiple PCBU and/or persons with management control of the workplace then those duty holders must notify the other duty holder in addition to notifying WorkSafe ACT.

In these circumstances the duty holders must consult and coordinate to put appropriate reporting and notification arrangements in place.

PCBUs must develop appropriate internal communication systems to make sure that safety incidents are quickly brought to the relevant persons attention.

Site preservation

The person with management or control of a workplace at which a notifiable incident has occurred must, so far as reasonably practicable, ensure:

• the site where the incident occurred is preserved until released by an inspector; and
• evidence of the incident, including electronic and digital records and witness details, is preserved.

A person with a duty to ensure site preservation has occurred, immediately after becoming aware of the notifiable incident activating the duty, must ensure a person with a corresponding duty is notified of the incident.

A reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.

This does not prevent any action:

• to assist an injured person; or
• to remove a deceased person; or
• that is essential to make the site safe or to minimise the risk of a further notifiable incident; or
• that is associated with a police investigation; or
• for which an inspector or the regulator has given permission.

An inspector may release the whole or any part of the site that is subject to site preservation.

What is a notifiable incident?

Notifiable incidents include any of the following arising out of the conduct of a business or undertaking:

• the death of a person
• a serious injury or illness of a person
• a dangerous incident
• sexual assault incident, including a suspected incident

Sexual assault incident

A sexual assault incident is a notifiable incident from 9 June 2023.

For the purposes of notifying WorkSafe ACT, a sexual assault incident means an incident (including a suspected incident) in relation to a workplace, that exposes a worker or any other person at the workplace to sexual assault.

For more information on how to identify workplace sexual assault and what to do about it, go to Workplace sexual assault.

If any person experiences or witnesses sexual assault, they should notify ACT Policing on 131 444, or 000 if it is an emergency.

Serious injury or illness

A serious injury or illness, in relation to a person, includes:

• an injury or illness that would ordinarily require immediate treatment as an inpatient of a hospital, whether or not treatment is available or sought, or
• any of the following injuries or illnesses if a person would ordinarily seek immediate treatment, whether or not treatment is available or sought:
  • the amputation of a body part
  • a serious eye injury
  • a serious burn
  • the separation of skin from underlying tissue, such as degloving or scalping
  • spinal injury, including a fracture of 1 or more vertebrae
  • a fracture of the pelvis, the skull or other facial bones
  • another serious bone fracture
  • the loss of bodily function
  • serious lacerations, or

• a serious head injury or illness, including any head injury or illness resulting from:
  • a significant blow, knock or other shock to the person’s head, whether or not immediate treatment is sought; or
  • repeated blows, knocks or shocks to the person’s head; or
• an injury or illness for which the person seeks treatment from a relevant registered health professional within 48 hours after exposure to a substance or
• an injury or illness prescribed by Regulation, including:
  • Any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work—
    • with micro‑organisms; or
    • that involves providing treatment or care to a person; or
    • that involves contact with human blood or body substances; or
    • that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products;
  • The following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products:
    • Q fever;
    • Anthrax;
    • Leptospirosis;
    • Brucellosis;
    • Hendra Virus;
    • Avian Influenza;
    • Psittacosis

Note, under the Work Health and Safety Act (Part 3 Section 36) relevant registered health professional means:

• a doctor,
• an enrolled nurse,
• a nurse, or
• a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the paramedicine profession (other than as a student)

Dangerous incident

A dangerous incident means anything related to a workplace that exposes a worker or any individual to a serious health or safety risk from an immediate or imminent exposure to:

• an uncontrolled escape, spillage, or leakage of a substance
• an uncontrolled fire, implosion or explosion, including an electrical explosion or an arc flash explosion
• an uncontrolled escape of gas or steam
• an uncontrolled escape of a pressurised substance
• electric shock
• the fall or release from a height of a thing
• the collapse, overturning, failure, malfunction of, or damage to, any plant that is required to be authorised for use by a Regulation
• a mobile plant incident
• the collapse or partial collapse of a structure
• the collapse or failure of an excavation or of any shoring supporting an excavation
• the inrush of water, mud, or gas in workings, in an underground excavation or tunnel
• the interruption of the main system of ventilation in an underground excavation or tunnel
• a serious fall
• another event prescribed by Regulation

Note, under the Work Health and Safety Act (Part 3 Section 37):

Mobile plant means plant designed to move or be moved, either autonomously or under the direct or remote control of an operator.

Mobile plant incident means an incident in which

• mobile plant overturns or partially overturns,
• mobile plant collides with a person or thing,
• a person is pinned to the ground or another thing by mobile plant,
• a person is ejected from mobile plant,
• mobile plant malfunctions, or
• mobile plant that is ordinarily controlled directly or remotely by an operator moves while not under control.

Serious fall means a person falling, or the risk of a person falling:

• from 1 level to a lower level,
• into a hole, trench, pit or void,
• into a body of water, or
• onto a dangerous surface or object.

Dangerous occurrence

The person in control of the premises (includes workplaces, land, structures and vehicles) must report a dangerous occurrence under the Dangerous Substance Act 2004 (the DS Act).

If a person in control of premises believes there is a substantial likelihood of a dangerous occurrence happening at the premises, the person must:

• if the occurrence is likely to cause death or serious harm to a person or substantial damage to property or the environment—tell the work health and safety commissioner about the person’s belief immediately after the person forms the belief; and
• in any other case—tell the work health and safety commissioner about the person’s belief as soon as possible after the person forms the belief or, if a period is prescribed by regulation, within the prescribed period.

A person in control of premises where a dangerous occurrence has happened must tell the work health and safety commissioner about the occurrence:

• if the occurrence causes death or serious harm to a person or substantial damage to property or the environment—immediately after the occurrence happens; and
• in any other case—as soon as possible after the occurrence happens or, if a period is prescribed by regulation, within the prescribed period.

This can be done by:

Telephone: Business hours: 13 22 81 or After hours: 0419120028

In writing: By completing a Notification of incident form.

A dangerous occurrence includes:

• an incident causing or creating a substantial risk of:
  • death or serious harm to a person, whether at the premises or elsewhere
  • substantial damage to property or the environment, whether at the premises or elsewhere
• anything declared by regulation to be a dangerous occurrence
• any other incident involving a serious and immediate risk of anything mentioned above

Examples of dangerous occurrences include:

• a spill or other loss of containment of a dangerous substance
• an uncontrolled emission of a dangerous substance
• a fire, explosion, or release of energy.

Information required for notifiable incident reporting

For sexual assault incident reporting:

The PCBU must only provide:

• the name and contact details of the person conducting the business or undertaking (PCBU)
• a description of the workplace where the incident happened which is being limited to the industry the business relates to, and
• whether or not the incident was reported to the police.

The PCBU must also ensure in relation to a sexual assault incident report, that they do not provide any information disclosing the identity of any person involved in the incident when reporting to WorkSafe ACT.

For all other WHS notifiable incidents:

A clear description of the incident with as much detail as possible will help WorkSafe ACT assess if the incident is notifiable.

WorkSafe ACT may contact you for further information if needed. All work health and safety regulators have agreed that the following information should be collected:

• the type of notifiable incident and a description
• incident address, date, and time
• details describing the specific location such as section of the warehouse or the piece of equipment that the incident involved to help instructions about site disturbance
• injured person's name, occupation, date of birth, address, and contact
• relationship of the injured person to the notifier
• description of serious injury or illness
• initial treatment of serious injury or illness where the patient has been taken for treatment (if applicable)
• legal and trading name of the person conducting a business or undertaking
• business address (if different from incident address), ABN/ACN and contact details (including phone number and email)
• action taken or intended to be taken (if any) to prevent recurrence
• notifier's name, salutation, contact phone number and position at workplace
• name, phone number and position of person to contact for further information (if different from above)

You must immediately notify WorkSafe ACT and provide the information you have. If we need more information, we will let you know.

Notification of legacy engineered stone work

Before carrying out, or directing someone to carry out, work that involves processing legacy engineered stone (such as engineered stone benchtops, panels; or slabs that are already installed) you need to notify WorkSafe ACT using this form (PDF) (Doc).

Email completed forms to ESNotifications@worksafe.act.gov.au.

Notify WorkSafe ACT poster

To download a copy of a notifying WorkSafe ACT educational poster detailing when and how to notify WorkSafe ACT of a notifiable incident, click here.

Upgrading a notification

If a notifiable incident escalates from a serious illness or injury to a death, the person conducting a business or undertaking must provide separate notification to WorkSafe ACT immediately after becoming aware that the person has died.

Workplace concerns or complaints

If you have a concern or complaint about a workplace or have seen something that doesn't feel right, then you can submit a report to WorkSafe ACT. When reporting a workplace concern or issue, you can either choose to identify yourself or remain anonymous.

Psychosocial hazards

If you have experienced a psychosocial hazard such as workplace bullying , you can also complete a psychosocial incident form and send it back to us. Please refer to the Psychosocial hazards page for more information.

Contact us

Call us

13 22 81 Monday to Friday 8:30am - 4:51pm, Weekends & Public Holidays 9:00am - 4:30pm.

International callers please use +61 2 6207 5111. International call rates apply.

After hours, call us on 0419120028

If you require a translator or interpreter, you can contact us through the Translating and Interpreter Service (TIS) 13 14 50.

If you are deaf, or have a hearing impairment or speech impairment, call 13 36 77 and then ask for 13 22 81 or visit www.relayservice.gov.au to make an internet relay or captioned relay call.

Speak and Listen users’ phone 1300 555 727 and then ask for 13 22 81.

Internet relay users connect to the NRS and then ask for 13 22 81.

Email us

General enquiries
Email: worksafe@worksafe.act.gov.au

Send us a letter

WorkSafe ACT
PO Box 158
CANBERRA ACT 2601