Notifiable Incidents on Residential Construction Sites in the NT

What it is

A notifiable incident is a work-related death, serious injury or illness, or dangerous incident that must be reported to NT WorkSafe immediately. The duty sits in Part 3 of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT), the WHS (NUL) Act, and falls on every person conducting a business or undertaking (PCBU).

The Northern Territory adds a feature other jurisdictions do not spell out as plainly. Strict liability applies to each physical element of the section 38 offence. A builder who did not realise the incident was notifiable has still committed the offence. Honest confusion about the list is not a defence, which makes knowing the list the whole game.

Three obligations follow: notify NT WorkSafe, preserve the site, and keep the record.

The three categories

Death. The death of any person, whether a worker, a subcontractor or a member of the public.

Serious injury or illness. Notifiable where the person requires:

• immediate treatment as an in-patient in a hospital
• immediate treatment for the amputation of any part of the body
• immediate treatment for a serious head injury
• immediate treatment for a serious eye injury
• immediate treatment for a serious burn
• immediate treatment for the separation of skin from underlying tissue, such as de-gloving or scalping
• immediate treatment for a spinal injury
• immediate treatment for the loss of a bodily function
• immediate treatment for serious lacerations
• medical treatment from a doctor within 48 hours of exposure to a substance

NT WorkSafe is explicit that remoteness changes nothing. Even where immediate treatment is not readily available because the site is rural or remote, the notification must still be made.

Dangerous incident. Notifiable even when nobody is hurt.

The collapse triggers that catch residential builders

The collapse or partial collapse of a structure is notifiable. Formwork that gives way, a wall frame that goes over, a truss stack that lets go, a scaffold that fails.

The collapse or failure of an excavation, or of any shoring supporting an excavation, is notifiable in its own right. A trench that caves in on a footing or a service run counts even if the crew were standing clear and nobody was touched.

Neither trigger requires an injury. If the collapse exposed a person to a serious risk, NT WorkSafe has to be told. The site instinct is to clean it up and get the day back. In the NT, with strict liability attached, that instinct is expensive.

Notify immediately, then in writing

Notice must be given immediately after the PCBU becomes aware, by the fastest possible means. A PCBU becomes aware once any of its supervisors or managers becomes aware.

If NT WorkSafe requests further information, that information must be provided in writing within 48 hours of the request.

Where an incident arises out of more than one business, only one duty holder needs to notify, but every duty holder stays responsible for making sure it happened. On a residential site the principal contractor usually takes this on by agreement, and that agreement does not discharge anyone else if the call is never made.

Preserve the site

The person with management or control of the workplace must ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives or directs otherwise. Any plant, substance, structure or thing associated with the incident must be preserved.

The exceptions are narrow. Assist an injured person, remove a deceased person, make the site safe or minimise the risk of a further notifiable incident, or facilitate a police investigation.

An inspector may issue a non-disturbance notice, which must specify the period it applies for, and that period cannot exceed 7 days.

Records and penalties

A record of each notifiable incident must be kept for at least 5 years from the date of notification.

Duty	Individual	Body corporate
Fail to notify (s 38)	$10,000	$50,000
Fail to keep the record (s 38(7))	$5,000	$25,000

Penalties also apply for failing to preserve a site.

What to do about it

Write the trigger list onto the incident card in the site office. Strict liability means the list, not the judgement call, is what protects the builder.

Give the crew one instruction: stop, make safe, call the office. Make clear that a trench cave-in with nobody hurt is still a notifiable incident.