WHS Incident Reporting Requirements in Western Australia

What it is

Section 38 of the Work Health and Safety Act 2020 (WA) requires a PCBU to notify WorkSafe WA immediately after becoming aware of a notifiable incident. WA's framework commenced 31 March 2022, replacing the notification framework under the earlier Occupational Safety and Health Act 1984 (WA).

WorkSafe WA (now within Building and Energy under LGIRS from 1 July 2025) operates a 24-hour incident line for phone notification.

What must be notified

Section 35 defines notifiable incident as:

• the death of a person
• a serious injury or illness (section 36)
• a dangerous incident (section 37)

The WA definitions align with the model WHS Act 2011 as adopted in NSW, QLD, SA, TAS, ACT and NT. That commonality reduces cross-border compliance complexity for builders operating across states.

Immediate notification

Section 38(1) requires notification immediately after becoming aware. The 24-hour incident line for WorkSafe WA is the primary notification channel.

Additional information may be gathered by an inspector attending the scene. The initial phone notification requires identification of the workplace, the PCBU, and the nature of the incident.

Written notice conditional on request

Section 38(4)(b) makes written notice CONDITIONAL, required only if the regulator requests it. That is the model WHS Act position. Victoria's OHS Act 2004 differs by requiring automatic 48-hour written notice under section 38(4).

Site preservation

Section 39 requires the PCBU to ensure the site is not disturbed until an inspector arrives or authorises otherwise, except to assist an injured person, remove a body, make the site safe or comply with police or emergency direction.

Record-keeping

Section 38(5) and the WHS Regulations 2022 (WA) require the PCBU to keep a record of the notifiable incident for at least 5 years.

Reg 292 construction project threshold

WHS Regulation 2022 (WA) reg 292 defines a construction project by headcount rather than value. A construction project exists where 5 or more persons are or will be at the workplace at any one time. WA is the only Australian jurisdiction that uses a headcount rather than value threshold.

That threshold determines when additional construction-specific duties attach, including principal contractor responsibilities and dedicated SWMS management.

Penalties

Section 38 offence carries penalties up to $6,450 for an individual and $32,250 for a body corporate. WA penalty amounts are set in dollar figures directly and are lower than NSW and other jurisdictions for section 38.

Interaction with builder registration

WHS Act notification failures by a WA registered builder can trigger Building Services Board disciplinary action alongside WorkSafe WA enforcement. The Building and Energy division administers both frameworks from 1 July 2025.

How Western Australia compares

WA's section 38 framework aligns with NSW, QLD, SA, TAS, ACT and NT under the model WHS. The distinctive WA feature is the headcount-based construction project threshold under reg 292 (all other states use dollar-value thresholds ranging from $250,000 to $1,000,000).

TradeForm WA templates walk builders through the section 38 telephone notification, site preservation and record-keeping obligations, plus the reg 292 headcount check for additional principal contractor duties.