Free tool
Is this a notifiable incident?
Tick what happened. Find out in a few seconds if you have to notify the WHS regulator, and what to do with the site while you wait.
If someone is hurt, call 000 first.If you’re not sure whether it’s notifiable, ring your regulator now and ask. Notice has to be given immediately, so don’t wait on this page.
Notifiable incident questions
- What is a notifiable incident?
- Under section 35 of the WHS Act, it's the death of a person, a serious injury or illness of a person, or a dangerous incident arising out of the work. Victoria has a similar list under its OHS Act 2004.
- How quickly do I have to notify?
- Immediately after you become aware of it, by the fastest possible means (section 38). You can phone or notify in writing. If you phone and the regulator asks for written notice, you have 48 hours to send it.
- Is a near miss notifiable?
- It can be. A dangerous incident is notifiable even if nobody is hurt, for example a structure partly collapsing, an excavation caving in, an electric shock or something falling from height.
- Can I clean up the site after an incident?
- Not until an inspector arrives or tells you otherwise (section 39). You can still help an injured person, make the site safe, or do what an inspector or the police allow.
- How long do I keep the record?
- At least 5 years from the day you notified the regulator (section 38(7)).
- Who has to notify, the builder or the subbie?
- The duty sits with the PCBU whose business or undertaking the incident arose out of, and more than one can share it. On a building site, agree in advance who will make the call so it isn't missed.
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