Issues such as compliance, safety in the curriculum and workplace bullying.

Do you need to comply?

Yes – under the provisions of the Occupational Health and Safety Act 2004 (Vic).

Conditions of compliance

Part 5 of the Occupational Health and Safety Act 2004 (Vic) (the Act) requires notification to the WorkSafe Victoria of serious workplace incidents. In respect of such incidents, the Act also requires preservation of the incident site until an inspector arrives or issues a direction, subject to some exceptions.

The duty to notify WorkSafe Victoria of serious workplace incidents applies if you are:

  • an employer who has the management and control of a workplace; or
  • a self-employed person who has the management and control of a workplace.
If you have to comply, what do you have to do?

You must notify the WorkSafe Incident Notification Unit immediately (by telephoning 132 360) of any workplace incident that results in death or serious injury (including an injury for which medical treatment by a doctor or immediate treatment as an in-patient in a hospital), or that exposes a person in the immediate vicinity to an immediate health or safety risk.

Definitions of ‘workplace’ and ‘notifiable incidents’ are given in the ‘Guide to Incident Notification’ publication.

The ‘incident notification form‘ must be used to send the WorkSafe Incident Notification Unit a written record of a notifiable incident and must be sent to the WorkSafe within 48 hours.

You must keep a copy of this record for at least five years.

Site Preservation:

An employer or self-employed person must ensure that the site of a notifiable incident is not disturbed until an inspector arrives or directs otherwise at the time of notification, although the site may be disturbed to protect a person’s health or safety, to help someone who is injured or to make the site safe.

What are the consequences if you don’t comply?

Failure to comply with the incident notification and site preservation requirements in the Act can lead to fines (for each offence) of up to:

  • 60 penalty units for individuals; or
  • 300 penalty units for companies.
ISV contacts

Peter Roberts
Director, School Services
Ph. 03 9825 7211
peter.roberts@is.vic.edu.au

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