Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 38

Duty to notify of incidents

38. Duty to notify of incidents



(1) An employer or self-employed person must notify the Authority immediately
after becoming aware that an incident has occurred at a workplace under the
management and control of the employer or self-employed person.

(2) However, an employer or self-employed person is not required to notify the
Authority if the employer or self-employed person is the only person injured
or otherwise harmed, or exposed to risk, as described in section 37 by the
incident.

(3) Within 48 hours after being required to notify the Authority, the employer
or self-employed person must also give the Authority a written record of the
incident, in the form approved in writing by the Authority.

(4) The employer or self-employed person must keep a copy of the record for at
least 5 years and make a copy of the record available for inspection by-

   (a)  an inspector; or

   (b)  a person, or a representative of a person, injured in the incident or
        whose health or safety was exposed to immediate risk by the incident;
        or

   (c)  a representative of a person whose death was caused by the incident;
        or

   (d)  in the case only of an employer-

   (i)  if any of the employees of the employer are members of a designated
        work group, a health and safety representative for the designated work
        group; or

   (ii) the members of each health and safety committee (if any) established
        by the employer.

(5) An employer or self-employed person who contravenes subsection (1), (3) or
(4) is guilty of an offence and liable to a fine not exceeding-

   (a)  in the case of a natural person, 60 penalty units; or

   (b)  in the case of a body corporate, 300 penalty units.