Commonwealth Numbered Regulations

1993 No. 5 OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) REGULATIONS (AMENDMENT) - REG 19

19.1 After regulation 37, insert: Notice of accidents and
dangerous occurrences to be given

"37A. (1) For the purposes of section 68 of the Act ('notification and
reporting of accidents and dangerous occurrences'), an employer must give
notice to Comcare:

   (a)  in the case of an accident that causes the death of a person-within 2
        hours of the employer becoming aware of the death; and

   (b)  in the case of an accident that causes serious personal injury to a
        person-within 24 hours of the employer becoming aware that the person
        has, or is likely to have, suffered the injury; and

   (c)  in the case of an accident that causes an employee who performs work
        in connection with the undertaking conducted by his or her employer to
        be incapacitated from performing work for a prescribed period-within
        24 hours of the employer becoming aware of the incapacity; and

   (d)  in the case of a dangerous occurrence-within 24 hours of the employer
        becoming aware of the occurrence. Penalty: $1,000.

"(2) It is a defence to a prosecution for an offence against subregulation (1)
that it was not reasonably practicable for the defendant to report within the
period concerned. Form of notice of accidents or dangerous occurrences

"37B. (1) For the purposes of section 68 of the Act ('notification and
reporting of accidents and dangerous occurrences'), notice of an accident must
include the following information:

   (a)  the name of the employer; and

   (b)  the address of the workplace; and

   (c)  the time and date of the accident; and

   (d)  details of the accident, including a description of:

        (i)    the location in the workplace where the accident occurred; and

        (ii)   any plant and equipment that was involved in the accident; and

        (iii)  the process or substance used in the undertaking at the
               workplace that was involved in the accident; and

   (e)  subject to subregulation (3), the full name of:

        (i)    each person killed; and

        (ii)   each person receiving serious personal injury; and

        (iii)  each person incapacitated within the meaning of paragraph 68
               (1) (b) of the Act; and

   (f)  action that the employer has taken, or proposes to take, to prevent an
        accident of the same kind from happening again; and

   (g)  in respect of the person giving the notice:

        (i)    his or her name; and

        (ii)   the classification and designation (if any) of the position
               occupied, or the duties of which are performed, by him or her;
               and

        (iii)  his or her telephone number during working hours.

"(2) For the purposes of section 68 of the Act, notice of a dangerous
occurrence must include:

   (a)  information referred to in paragraphs (1) (a), (b), (c), (d) and (f),
        as if a reference in those paragraphs to an accident were a reference
        to a dangerous occurrence; and

   (b)  information referred to in paragraph (1) (g).

"(3) If an accident results in the death of, or injury to, more than one
person, an employer is not obliged to give to Comcare the name of a dead or
injured person until the names of all persons who died or were injured as a
result of the accident are known to the employer. Notice of deaths must be
given by telephone

"37C. Notice of the death of a person must be given to Comcare:

   (a)  in business hours-by direct telephone contact with the State Manager
        of Comcare in the relevant State or Territory; and

   (b)  outside business hours-by a telephone message that the person giving
        the notice is reasonably satisfied is being recorded on receipt at the
        office of the State Manager. Reports of accidents and
        dangerous occurrences to be given

"37D. (1) Subject to subregulation (2), for the purposes of section 68 of the
Act ('notification and reporting of accidents and dangerous occurrences'), an
employer must report to Comcare:

   (a)  if the accident causes the death of, or serious personal injury to, a
        person-within 28 days of the employer becoming aware:

        (i)    of the death; or

        (ii)   that the person has, or is likely to have, received the injury;
               and

   (b)  if the accident causes an employee who performs work in connection
        with the undertaking conducted by his or her employer to be
        incapacitated from performing work for at least the prescribed
        period-within 28 days of the employer becoming aware of the
        incapacity; and

   (c)  in the case of a dangerous occurrence-within 28 days of the employer
        becoming aware of the occurrence. Penalty: $1,000.

"(2) If an accident results in the death of more than one person, an employer
is not obliged to report to Comcare until the names of all persons who died as
a result of the accident are known to the employer.

"(3) It is a defence to a prosecution for an offence against subregulation (1)
that it was not reasonably practicable for the defendant to report within the
specified period. Form of reports about accidents

"37E. For the purposes of section 68 of the Act ('notification and reporting
of accidents and dangerous occurrences'), a report about an accident must
include the following information:

   (a)  the name and business address of the employer;

   (b)  the address of the workplace;

   (c)  the time and date of the accident;

   (d)  a description of the part of the workplace where the accident
        happened;

   (e)  the principal activity of each person who is killed, injured, or
        incapacitated within the meaning of paragraph 68 (1) (b) of the Act,
        as a result of the accident;

   (f)  details of the accident, including a description of the plant and
        equipment and of the process or substance used in the undertaking at
        the workplace that was involved in the accident;

   (g)  how, in respect of:

        (i)    each person killed-the death was caused; and

        (ii)   each person receiving serious personal injury-the injury was
               sustained; and

        (iii)  each person incapacitated-the incapacity was caused;

   (h)  the full name, sex and date of birth of each person killed, injured or
        incapacitated;

        (i)    the name, address and telephone number of any witness to the
               accident;

   (j)  if a person referred to in paragraphs (g) and (h) was present at the
        site of the accident as:

        (i)    an employee on duty at his or her usual base or primary
               workplace-the Australian Government Staff Number, or an
               equivalent numerical or alphanumerical identifier, of the
               employee; or

        (ii)   an employee on duty at another workplace-the Australian
               Government Staff Number, or an equivalent numerical or
               alphanumerical identifier, of the employee and the name of his
               or her usual or primary employer and the address of his or her
               usual base or primary workplace;

   (k)  if a person referred to in paragraphs (g) and (h) was present at the
        site of the accident:

        (i)    as a contractor-whether the contract was with the Commonwealth,
               a Commonwealth authority or another person and the name and
               address of the Department, authority or other person concerned;
               or

        (ii)   in a capacity other than that of employee or contractor-a
               description of that capacity;

   (l)  the classification and designation (if any) of the position that was
        occupied, or the duties of which were performed, by the person at the
        time of the accident;

   (m)  the principal duties of that position;

   (n)  the classification of the work that is performed by a person in that
        position in accordance with the Australian Standard Classification of
        Occupations published by the Australian Government Publishing Service;

   (o)  the duration of the experience of the person in work of the kind that
        he or she was performing at the time of the accident;

   (p)  whether at the time of the accident the person was employed on a
        full-time permanent, part-time permanent, full-time casual, part-time
        casual or graduated return to work basis;

   (q)  the official hours of duty of the person on the day on which the
        accident occurred;

   (r)  a description of the nature of the injury or disease:

        (i)    of which the person died; or

        (ii)   that constitutes his or her serious personal injury; or

        (iii)  that is incapacitating him or her;

   (s)  the regions of the body of the person that are affected by the injury
        or disease;

   (t)  action that the employer has taken, or proposes to take, to prevent an
        accident of the same kind from happening again;

   (u)  in respect of the person giving the report:

        (i)    his or her full name;

        (ii)   the classification and designation (if any) of the position
               occupied, or the duties of which are performed, by the person;

        (iii)  his or her telephone number during working hours. (Note:
               COMCARE may publish a form to facilitate the preparation of a
               report under regulation 37E) Form of reports about
               dangerous occurrences

"37F. For the purposes of section 68 of the Act ('notification and reporting
of accidents and dangerous occurrences'), a report about a dangerous
occurrence must include the following information:

   (a)  information referred to in paragraphs 37E (a), (b), (c), (d), (f) and
        (t), as if a reference in those paragraphs to an accident were a
        reference to a dangerous occurrence;

   (b)  the name, address and telephone number of any witness to the dangerous
        occurrence;

   (c)  the information referred to in paragraph 37E (u). (Note: COMCARE may
        publish a form to facilitate the preparation of a report under
        regulation 37F) Records of accidents and dangerous occurrences

"37G. For the purposes of section 69 of the Act ('records of accidents and
dangerous occurrences'), an employer must retain a record of a report under
regulation 37D ('reports of accidents and dangerous occurrences to be given')
for a period of 30 years. Statistical reports

"37H. (1) An employer must report in writing to Comcare within 30 days after
the end of a financial year:

   (a)  the average number of full-time equivalent employees of the employer
        in that year; and

   (b)  the total number of hours worked by employees of the employer in the
        year. Penalty: $1,000.

"(2) It is a defence to a prosecution for an offence against subregulation (1)
that it was not reasonably practicable for the defendant to report within 30
days of the end of a financial year.

"(3) In subregulation (1), 'average number of full-time equivalent employees'
means the number calculated in accordance with Australian Standard
AS1885.1-1990, as in force at the commencement of this regulation.".