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Notifications to WorkCover in NSW |
Changes to the occupational health & safety laws in NSW have come into effect from 1 September 2003. There is requirement under the Occupational Health & Safety Act 2000 (NSW) ("OHS Act") and the Occupational Health & Safety Regulation 2001 (NSW) ("OHS Regulation") that WorkCover must be notified of any serious incident or incident. |
Reporting violence-prone incidents |
Previously referred to as a "non-disturbance occurrence" and "occurrence", the definitions of "serious incident" and "incident" reserve the same meaning under the changes, except for a clarification on the violence-prone incidents that must be reported. |
The new Regulation 341(I) of the OHS Regulation requires that WorkCover must be notified of the following incidents under section 86(1)(b) of the OHS Act:
| "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 persons." |
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Previously, the types of incidents in relation to violence that had to be reported included "any incidence of violence at a place of work (supported by a medical certificate) that results in an employee being unfit, for a continuous period of at least 7 days, to attend the employee's usual place of work or to perform his or her usual duties at that place of work." |
Reporting "incidents" and "serious incidents" |
Previously, the OHS Act required that notice had to be given "in writing in the form approved by WorkCover." |
The new Regulation 341A states that notice under section 86 of the OHS Act must now be provided:
| "a. |
by electronic communication (using a mode of electronic communication approved by WorkCover) providing the information requested by WorkCover; |
| b. |
by telephone to WorkCover, giving such information as may be requested of the caller." |
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A serious incident or incident should be notified to WorkCover by phone on 13 10 50, or reported online at www.workcover.nsw.gov.au. |
Significant injury |
Incidents already reported to the workers' compensation insurer as a significant injury under section 44(2) of the Workplace Injury Management and Workers Compensation Act 1998 need not be reported to WorkCover. This Act defines a significant injury as one that is likely to result in the worker being incapacitated (total or partial) for work for a continuous period of more than seven days (including non-work days). |
Peter McNamara |
peter.mcnamara@cmlawyers.com.au |
