What counts, how and when to report it — and what happens if you don't
A notifiable event is a work-related death, a notifiable injury or illness, or a notifiable incident. If one happens, you must notify WorkSafe as soon as possible — call 0800 030 040 or notify online — preserve the site, and keep records for at least 5 years. Failing to notify is an offence, with fines up to $50,000.
A notifiable event is one of three serious, work-related things: the death of a person, a notifiable injury or illness, or a notifiable incident — arising from the conduct of your business or undertaking.
Only serious events need to be notified. The event must arise from work — it could be caused by the condition of the work site, the way the work is organised, or the way equipment or substances are used. A notifiable event can happen inside or outside the actual work site, and can affect a worker, contractor, visitor, customer or member of the public. Injuries or illnesses that are not related to work are not notifiable.
| Type | What it is | Examples |
|---|---|---|
| Notifiable death | The death of any person arising from work. | A worker or member of the public killed as a result of a work activity. |
| Notifiable injury or illness | A specified serious work-related injury or illness — generally one that requires (or would usually require) immediate admission to hospital. | Amputation; serious head, eye or burn injury; spinal injury; serious laceration or crush injury; loss of a bodily function; medical treatment within 48 hours of exposure to a substance; certain serious work-related infections. |
| Notifiable incident | An unplanned or uncontrolled event that exposes any person to a serious risk to health or safety. | Escape, spillage or leak of a substance; uncontrolled escape of gas or pressurised steam; fire or explosion; electric shock; a fall or release from height; collapse or failure of plant or a structure. |
General information based on the Health and Safety at Work Act 2015 (ss 23–25). If you are not sure whether an event is notifiable, call WorkSafe on 0800 030 040 before deciding.
As soon as possible after you become aware of a notifiable event, notify WorkSafe by the fastest possible means — phone 0800 030 040 (available 24/7) or use WorkSafe's online notification form.
If WorkSafe asks for it, you must follow up with a written notice within 48 hours. The duty to notify sits with the business (the PCBU), not the injured person or an insurer, and notifying is not an admission of fault — it is simply a legal requirement to report serious events. If you are unsure whether something is notifiable, it is safer to call and ask.
After a notifiable event you must take all reasonable steps to preserve the site until WorkSafe releases it, and keep a record of the event for at least 5 years.
Preserving the site means not disturbing it — leaving plant, substances and the scene as they are so the event can be investigated. The one exception is that you can always do what is needed to help an injured person or to make the site safe. Site preservation applies to the business that manages or controls the workplace. Keeping good records (what happened, when, who was involved, and how you notified) is both a legal duty and the start of a sensible investigation to stop it happening again.
Failing to notify WorkSafe, failing to preserve the site, or failing to keep records is an offence under the HSWA — up to $10,000 for an individual and $50,000 for an organisation.
These penalties apply to each of the three duties (notify, preserve, record) separately. They are also in addition to any penalty for the underlying health and safety failure that caused the event. WorkSafe has prosecuted businesses purely for failing to notify, or for downplaying the severity of an event when they did — so when in doubt, notify.
| Duty | Individual | Organisation |
|---|---|---|
| Fail to notify a notifiable event (s56) | Up to $10,000 | Up to $50,000 |
| Fail to preserve the site (s55) | Up to $10,000 | Up to $50,000 |
| Fail to keep records for 5 years (s57) | Up to $10,000 | Up to $50,000 |
Maximum penalties under the Health and Safety at Work Act 2015. This is general information, not legal advice.
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A notifiable event is a work-related death, a notifiable injury or illness, or a notifiable incident arising from the conduct of a business or undertaking. Only serious events need to be notified, and they can affect workers or other people, on or off the work site.
You must report serious work-related injuries and illnesses — generally any that require (or would usually require) immediate admission to hospital. Examples include amputation, serious head, eye or burn injuries, spinal injury, serious lacerations or crush injuries, loss of a bodily function, medical treatment within 48 hours of exposure to a substance, and certain serious work-related infections.
Notify WorkSafe as soon as possible by the fastest possible means — phone 0800 030 040 (available 24/7) or use WorkSafe's online notification form. If WorkSafe asks, you must also give written notice within 48 hours.
Yes. The business that manages or controls the workplace must take all reasonable steps to preserve the site until WorkSafe releases it. You can still do whatever is needed to help an injured person or to make the site safe, but otherwise the scene should not be disturbed.
Failing to notify a notifiable event is an offence under section 56 of the HSWA, with maximum fines of $10,000 for an individual and $50,000 for an organisation. The same maximum penalties apply for failing to preserve the site or failing to keep records for five years.
