Do you work in the building and construction industry? Do you understand your obligations if a notifiable safety incident occurs on your worksite? The fact is, not only are you required to notify Workplace Health and Safety Queensland, but you are now obligated to advise the Queensland Building and Construction Commission (QBCC).
So, what is a notifiable safety incident and what do you need to know if one occurs?
Breaking down the jargon
A notifiable safety incident is an incident that either exposes a person to risk of serious injury or illness, or is an incident that results in the death or serious injury or illness of a person.
Who is responsible for reporting the incident?
The licensee who is carrying out or is in control of the work being undertaken on the worksite is responsible for reporting the incident. They must report all notifiable safety incidents, as well as any person onsite who fails to comply with an injunction or notice issued under the Work Health and Safety Act 2011 (Part 10) or the Electrical Safety Act 2002 (Part 11A).
The reporting process
If a notifiable safety incident occurs on your worksite, you are required to report it promptly, and often there are specific time frames in place. Failure to comply can result in significant fines, licence suspension, prosecution and/or breach of your insurance policy.
Regulators:
QBCC: Call 139 333 or complete their online notification form.
Workplace Health and Safety: Call 1300 362 128 or complete and submit the online incident notification form.
Depending on the type of incident, you may also be required to report the matter to other relevant regulators, including Queensland Health and the Electrical Safety Office.
Your insurer:
Visit your insurer’s website for claim contact details.
Speak to a lawyer
Depending on the severity of the incident, you may wish to seek advice from a legal professional. Your lawyer will listen to your account, review the incident specifics and provide tailored advice. This can help with understanding your legal obligations and possible disciplinary or civil proceedings.
What happens after the incident is reported?
Once a notifiable safety incident is reported, it will be processed and handled in accordance to its severity. One or more of the following actions could occur:
Warning notice issued.
Immediate suspension of licence.
Issue of licensing conditions.
Disciplinary proceedings.
Prosecution.
No further action.
Do you have a question about notifiable safety incidents? Contact our team on (07) 4632 0480 or info@jensenlawyers.com.au.
