Notifiable Incidents on Residential Construction Sites in Tasmania

What it is

A notifiable incident is a work-related death, serious injury or illness, or dangerous incident that must be reported to WorkSafe Tasmania straight away. The duty sits in Part 3 of the Work Health and Safety Act 2012 (Tas) and falls on every person conducting a business or undertaking (PCBU). On a Tasmanian residential site that means the head builder, and often the subcontractor whose work the incident arose from.

The test is whether the incident falls inside the statutory list, not whether the builder thinks it was serious and not whether anyone was at fault. Three obligations follow: notify the regulator, preserve the site, and keep the record. Each carries its own penalty.

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 or 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 within 48 hours of exposure to a substance

Dangerous incident. Notifiable even when nobody is hurt, where a person is exposed to a serious risk from immediate or imminent exposure to an uncontrolled escape of a substance, gas or steam, an uncontrolled implosion, explosion or fire, electric shock, a fall or release from height of any plant, substance or thing, the collapse or partial collapse of a structure, the collapse or failure of an excavation or its shoring, or an inrush of water, mud or gas into an excavation or tunnel.

The two that actually catch residential builders

Two items on the dangerous incident list do most of the work on housing sites.

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

The collapse or partial collapse of a structure is notifiable. Formwork that gives way, a wall frame that goes over in the wind, a truss stack that lets go, a scaffold that fails. No injury is required. If the collapse exposed someone to a serious risk, it is notifiable.

The instinct on site is to clean it up and get moving. That instinct is the offence.

Notify immediately, then in writing

Notice must be given immediately after the PCBU becomes aware, and by the fastest possible means.

A PCBU becomes aware once any supervisor or manager becomes aware. The clock starts when the leading hand hears about it, not when the director does.

If the regulator requires it, a written notice must follow within 48 hours of that requirement being made. The 48 hours runs from the request, not from the incident.

Preserve the site

Section 39 requires the person with management or control of the workplace to ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives or directs otherwise. The site includes any plant, substance, structure or thing associated with the incident.

The exceptions are narrow. You may act to assist an injured person, to remove a deceased person, to do what is essential to make the site safe or minimise the risk of a further notifiable incident, to assist a police investigation, or where an inspector or the regulator has given permission. Getting back to work is not on that list.

Records and penalties

The PCBU must keep a record of each notifiable incident for at least 5 years from the day notice was given.

Duty	Individual	Body corporate
Fail to notify (s 38)	$10,000	$50,000
Fail to preserve the site (s 39)	$10,000	$50,000
Fail to keep the record (s 38(7))	$5,000	$25,000

What to do about it

Put the notification decision with a named person and give the crew one instruction: stop, make safe, call the office.

Brief the crew that near misses count. The collapse categories do not require an injury, and that is the most common reason a Tasmanian builder breaches section 38.

Log the date and time notice was given, and keep the file for 5 years.