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.
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.
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