New South Wales Consolidated Regulations
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OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 341
Notification of incidents-additional incidents to be notified
341 Notification of incidents-additional incidents to be notified
Note:
Section 86 of the Act requires the occupier of a place of work to give
WorkCover notice in accordance with that section of certain incidents at the
place of work. These incidents include incidents that have resulted in a
person being killed and incidents prescribed in clause 344 for the purposes of
section 87 of the Act. Section 86 of the Act also provides that additional
incidents can be declared by regulation to be incidents required to be
notified to WorkCover.
Sections 86 and 87 of the Act do not apply to mining workplaces or coal
workplaces. Notifications are to the Department Head (Mining) under section 88
of the Mine Health and Safety Act 2004 or section 110 of the
Coal Mine Health and Safety Act 2002 .
In accordance with section 86 (1) (b)
of the Act, any incident listed below occurring at or in relation to a place
of work is, if it is an incident that presents a risk to health or safety and
is not immediately threatening to life, declared to be an incident that is
required to be notified to WorkCover: (a) an injury to a person (supported by
a medical certificate) that results in the person being unfit, for a
continuous period of at least 7 days, to attend the person’s usual place of
work, to perform his or her usual duties at his or her place of work or, in
the case of a non-employee, to carry out his or her usual activities,
(b) an
illness of a person (supported by a medical certificate) that is related to
work processes and results in the person being unfit, for a continuous period
of at least 7 days, to attend the person’s usual place of work or to perform
his or her usual duties at that place of work,
(c) damage to any plant,
equipment, building or structure or other thing that impedes safe operation,
(d) an uncontrolled explosion or fire,
(e) an uncontrolled escape of gas,
dangerous goods (within the meaning of the ADG Code) or steam,
(f) a spill or
incident resulting in exposure or potential exposure of a person to a
notifiable or prohibited carcinogenic substance (as defined in Part 6.3),
(g)
removal of workers from lead risk work (as defined in Part 7.6) due to
excessive blood lead levels,
(h) exposure to bodily fluids that presents a
risk of transmission of blood-borne diseases,
(i) the use or threatened use
of a weapon that involves a risk of serious injury to, or illness of, a
person,
(i1) a robbery that involves a risk of serious injury to, or illness
of, a person,
(i2) electric shock that involves a risk of serious injury to a
person,
(j) any other incident that involves a risk of: (i) explosion or
fire, or
(ii) escape of gas, dangerous goods (within the meaning of the ADG
Code) or steam, or
(iii) serious injury to, or illness of, a person, or
(iv)
substantial property damage,
(k) in relation to a major hazard facility (as
defined in Chapter 6B)-if not already covered by another paragraph of this
clause, a major accident or near miss (as defined in that Chapter).
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