Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 37

PART 5 DUTIES RELATING TO INCIDENTS

Incidents to which this Part applies

37. Incidents to which this Part applies



(1) This Part applies to an incident that results in-

   (a)  the death of a 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 an underlying tissue (such as
        de-gloving or scalping); or

   (v)  electric shock; or

   (vi) a spinal injury; or

   (vii) the loss of a bodily function; or

   (viii) serious lacerations; or

   (e)  any other injury to a person or other consequence prescribed by the
        regulations.

(2) This Part also applies to an incident that exposes a person in the
immediate vicinity to an immediate risk to the person's health or safety
through-

   (a)  the collapse, overturning, failure or malfunction of, or damage to,
        any plant that the regulations prescribe must not be used unless the
        plant is licensed or registered; or

   (b)  the collapse or failure of an excavation or of any shoring supporting
        an excavation; or

   (c)  the collapse or partial collapse of all or 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 (within the meaning of the Dangerous Goods Act 1985); or

   (f)  the fall or release from a height of any plant, substance or object;
        or

   (g)  in relation to a mine-

   (i)  the overturning or collapse of any plant; or

   (ii) the inrush of water, mud or gas; or

   (iii) the interruption of the main system of ventilation; or

   (h)  any other event or circumstance prescribed by the regulations.

(3) Despite subsections (1) and (2), this Part does not apply to an incident
of a kind excluded by the regulations.

(4) In this section-

medical treatment means treatment by a medical practitioner registered under
the Health Professions Registration Act 2005;



mine means-

   (a)  a workplace at which work is being done under a mining licence granted
        under the Mineral Resources (Sustainable Development) Act 1990; or

   (b)  a workplace at which exploration (within the meaning of that Act) in
        the form of-

   (i)  underground work of any kind; or

   (ii) drilling from the surface for coal bed methane- is being done under an
        exploration licence granted under that Act; or

   (c)  in relation to a tourist mine (within the meaning of that Act), those
        parts of the mine that are underground and all infrastructure and
        plant associated with the underground workings of the mine.