Workplace Accidents

Section 47 of the Workplace Health and Safety Act 1995 requires that if, at a workplace, a person is killed or suffers serious bodily injury or illness; or a dangerous incident occurs as a result of which a person could have been killed or could have suffered serious bodily injury or illness, then the person having control or management of the workplace must, by the quickest available means, notify an inspector of particulars of the occurrence of the death, injury, illness or incident.

The person notifying an inspector must provide the inspector with written notification of the particulars within 48 hours after the occurrence of the death, injury, illness or incident.

Section 48 of the Act states that if a person is killed or suffers serious bodily injury or illness or a dangerous incident occurs as a result of which a person could have been killed or could have suffered serious bodily injury or illness, a person must not move or otherwise interfere with any plant or other thing involved in the death, injury, illness or occurrence without the prior permission of an inspector.

This does not apply if the movement or interference is necessary –

(a) to save life or relieve suffering or
(b) to prevent damage to property or injury to persons.

Following an accident or incident that causes, or has the potential to cause, serious injury or damage at a workplace, an accountable person must –

(a) investigate the accident or incident to attempt to discover its cause and
(b) identify and implement measures to prevent a recurrence (Reg 63)

An employer must also keep records relating to work-related injuries and illnesses suffered by employees in their employment with the employer. (Section 9)

"serious bodily injury or illness" means an injury or illness that disables a person to the extent that as a consequence of that injury or illness the person is subject to a period of admission to hospital as an in-patient;

"dangerous incident" means –

(a) damage to any boiler or other pressure vessel, or damage to a load bearing member of any lifting machinery, scaffolding or amusement structure, being damage which endangers the health or safety of any person in the vicinity or
(b) an uncontrolled explosion, fire or discharge of electricity, gas or steam or
(c) an occurrence, including those involving any substance, involving imminent risk of explosion, fire, death, serious bodily injury or illness to any person or serious damage to any property;

A dangerous incident at a workplace includes the following:

(a) an accidental explosion of gas, dust or explosive material
(b) an incident involving a high probability of severe electric shock
(c) a fire in a confined space including underground
(d) a serious fire, other than a bush fire, requiring the attention of a trained fire fighting team
(e) any interference with, or obstruction of the use of, a sole emergency egress from an area in which a person is required to work
(f) an accident or incident involving a mine winder or shaft, including a serious mine winder overwind
(g) any uncontrolled escape of high pressure oil or water
(h) the tipping over of self-propelled mobile plant
(i) an accident involving the failure of load-bearing or pressure-retaining components of registered plant(j) any other type of incident of which an inspector has specifically requested notification. (Regulation 62)

A notice of serious accident or dangerous incident required by section 47 of the Act is to include the following information:

(a) the name of the employer
(b) the location of the workplace and the relevant area of the workplace
(c) the work that was being done at the time of the occurrence
(d) a brief description of the circumstances surrounding the occurrence
(e) the apparent cause of the incident
(f) the nature and extent of any damage caused
(g) the proposed preventative action to be taken to prevent a recurrence of the incident
(h) the names of any witnesses
(i) in the case of an injury –

the name of the person injured and
the nature, extent and bodily location of the injury and

(j) if death has occurred, the cause, date, time and place of death.

If collection of the information referred to above is likely to significantly delay the notification, preliminary advice is to be given to an inspector of such of the information as is available by the quickest practicable means. (Reg 61)

A quick means of notifying a Workplace Standards Tasmania Inspector at any time of the day is via the Helpline. Outside office hours, the Helpline number will divert your call to a duty inspector.

Evacuation plans

Every workplace should have an evacuation plan

Workplace Health and Safety publications

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