Occupational Health and Safety (Incident Notification) Regulations 1997

i Occupational Health and Safety (Incident Notification) Regulations 1997 S.R. No. 25/1997 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Revocation of Regulations 2 5. Definitions 2 6. Employer for the purposes of Part 2 2 PART 2—REQUIREMENTS FOLLOWING AN INCIDENT 4 7. Notice of Incident 4 8. Notice of dangerous occurrence 5 9. Incident Records 5 10. Preservation of site 6 __________________ SCHEDULE 8 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1997 S.R. No. 25/1997 Occupational Health and Safety Act 1985 Occupational Health and Safety (Incident Notification) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 2 April 1997 Responsible Minister: ROGER HALLAM Minister for Finance N. C. WHITE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to— (a) specify notifiable incidents; and (b) prescribe procedures relating to notifiable incidents at a workplace— for the purposes of identifying whether preventative action is necessary following an incident occurring at a workplace. 2. Authorising provision These Regulations are made under section 59 of the Occupational Health and Safety Act 1985. -- 2 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 2 3. Commencement These Regulations come into operation on 14 April 1997. 4. Revocation of Regulations The Occupational Health and Safety (General Safety) Regulations 19861 are revoked. 5. Definitions In these Regulations— "incident" means an accident or dangerous occurrence; "medical treatment" means treatment by a registered medical practitioner within the meaning of the Medical Practice Act 1994. 6. Employer for the purposes of Part 2 (1) The employer who has the management or control of the workplace where an incident of a type specified in regulation 7 or 8 occurs is the employer for the purposes of Part 2, regardless of whether the person who dies, is injured or was exposed to an immediate risk to his or her health and safety as a result of the incident is (or was) employed by that employer. (2) If there is no employer having the management or control of a workplace where an incident of a type specified in regulation 7 or 8 occurs, but there is a self-employed person at the workplace, that self- employed person is the employer for the purposes of Part 2. (3) In the case of a domestic premises where a person is working, and an incident of a type specified in regulation 7 or 8 occurs— (a) where an employee is working, the employer who has the management or control of the r. 3 -- 3 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 3 work process is the employer for the purposes of Part 2; (b) where a self-employed person is working, that self-employed person is the employer for the purposes of Part 2. (4) An employer or self-employed person does not have to notify the Authority of any injury that he or she suffers, or of any incident that exposed his or her health and safety only to an immediate risk. _______________ r. 6 -- 4 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 4 PART 2—REQUIREMENTS FOLLOWING AN INCIDENT 7. Notice of Incident The employer must notify the Authority immediately after the employer becomes aware of an incident at a workplace which results in— (a) the death of any person; or (b) a person requiring medical treatment within 48 hours of exposure to a substance; or (c) a person requiring immediate treatment as an in-patient in a hospital; or (d) a person requiring immediate medical treatment for— (i) the amputation of any part of his or her body; or (ii) a serious head injury; or (iii) a serious eye injury; or (iv) the separation of his or her skin from underlying tissue (such as degloving or scalping); or (v) electric shock; or (vi) a spinal injury; or (vii) the loss of a bodily function; or (viii) serious lacerations. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. r. 7 -- 5 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 5 8. Notice of dangerous occurrence The employer must notify the Authority immediately after the employer becomes aware of an incident at a workplace which exposed a person in the immediate vicinity of the incident to an immediate risk to the person's health and safety through— (a) the collapse, overturning, failure or malfunction of, or damage to, any item of plant listed in item 2 of Schedule 2 of the Occupational Health and Safety (Plant) Regulations 1995 2 ; or (b) the collapse or failure of an excavation or of any shoring supporting an excavation; or (c) the collapse or partial collapse of any part of a building or structure; or (d) an implosion, explosion or fire; or (e) the escape, spillage or leakage of any substance including dangerous goods as defined in the Dangerous Goods Act 1985; or (f) the fall or release from a height of any plant, substance or object. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. 9. Incident Records (1) In addition to the notification required by regulations 7 and 8, the employer must provide a written record of the incident to the Authority within 48 hours of being required to comply with regulations 7 and 8. r. 8 -- 6 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 6 (2) The record must include the information listed in the Schedule. (3) The employer must keep a copy of the record at the workplace or, if that is impracticable, at the employer’s usual place of business. (4) The employer must ensure that the copy of the record is made available for inspection by— (a) an inspector; and (b) the health and safety representative, if any; and (c) a person assisting the health and safety representative, if any; and (d) the health and safety committee, if any; and (e) the injured person or a person authorised by the injured person or a representative of the deceased person. (5) The employer must ensure that the copy of the record is kept for at least 5 years. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. 10. Preservation of site (1) If an incident at a workplace results in the death of any person, the employer must ensure the site of the incident is not disturbed until— (a) an inspector arrives at the site of the incident; or (b) an inspector directs otherwise at the time of notification. (2) Sub-regulation (1) does not apply if the disturbance to the site is for the purpose of— r. 10 -- 7 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 7 (a) protecting the health and safety of any person; or (b) aiding an injured person involved in an incident; or (c) taking essential action to make the scene safe or to prevent a further occurrence of an incident. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. __________________ r. 10 -- 8 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 8 SCHEDULE (Regulation 9) The following information* must be submitted in writing to the Authority— 1. name of employer/self-employed person required to notify the Authority under these Regulations; 2. business address of employer/self-employed person required to notify; 3. name of employer of deceased/injured person(s)[if any][if different from answer to item 1); 4. details of deceased/injured person(s)[if any] - name, date of birth, sex, residential address and telephone number, occupation/job title (if applicable); 5. time and date of incident; 6. place/location where incident occurred; 7. work/activity being undertaken at time of incident; 8. brief description of incident; 9. person(s) who saw incident or first came on scene; 10. action taken/intended, if any, to prevent recurrence of incident; 11. name/position title/telephone number of person submitting these details and date of submitting details. *information to the extent that it is known at the time of writing. ═══════════════ Sch. -- 9 of 10 -- S.R. No. 25/1997 Occupational Health and Safety (Incident Notification) Regulations 1997 9 NOTES 1 S.R. No. 93/1986. Reprinted (No. 1) to S.R. No. 298/1988. Please note: the Subordinate Legislation (Occupational Health and Safety (General Safety) Regulations 1986—Extension of Operation) Regulations 1996 (S.R. No. 27/1996), which extended the operation of the Occupational Health and Safety (General Safety) Regulations 1986 for 12 months, will lapse on the making of the Occupational Health and Safety (Incident Notification) Regulations 1997. 2 S.R. No. 81/1995. Note: Item 2 of Schedule 2 of the Occupational Health and Safety (Plant) Regulations 1995 lists the following plant— • boilers categories as hazard A, B or C according to the criteria identified in AS 3920—Part 1, Pressure Equipment Manufacture—Assurance of Product Quality; • pressure vessels categories as hazard A, B or C according to the criteria identified in AS 3920—Part 1, Pressure Equipment Manufacture—Assurance of Product Quality, other than— (a) gas cylinders to which AS 2030—Gas Cylinders applies; and (b) liquefied petroleum gas fuel vessels for automotive use to which AS 3509—LP Gas Fuel Vessels for Automotive Use applies; and (c) serially produced vessels to which AS 2891—Serially Produced Pressure Vessels applies; • tower cranes; • lifts; • building maintenance units; • amusement structures to which AS 3533—Amusement Rides and Devices applies, other than amusement structures referred to in the standard as class 1 structures; • concrete placing units (truck-mounted with boom); • mobile cranes with a safe working load greater than 10 tonnes. 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