Reportable Incident – an accident or dangerous occurrence

What to Expect from a Workplace Health and Safety (WHS) Investigation in Australia?

If a safety inspector pays a visit to your workplace to conduct a health and safety investigation, it’s likely because there was a serious incident or, unfortunately, a fatality on the premises. I know this can be a stressful and overwhelming situation for you and your employees.

It’s important to note that not every reported incident leads to an investigation, but when there’s a serious injury or death involved, the regulators will definitely want to visit your workplace. Depending on the severity of the incident, you might even have a team of investigators coming to assess the situation.

The main aim of a workplace health and safety investigation is to figure out how the incident occurred. The information they gather during the investigation serves several purposes: understanding the cause of the incident, identifying valuable lessons, and recommending measures to prevent similar incidents in the future. The investigation findings may also be used as evidence to issue notices or take legal action if necessary. But hey, don’t worry; this is not about playing the blame game, but rather about ensuring a safer environment for everyone.

Now, let’s talk about what the inspector will be looking for during the investigation. They’ll want to examine the location where the incident took place and take some photographs. They might even capture video footage or ask for CCTV footage if available. In some cases, investigators might sketch the floor plan and mark the placement of items.

It’s crucial to treat the location like a crime scene until the inspector gives you the green light to make any changes. Safety comes first! However, you should also take necessary steps to make the area safe and minimize any potential risks of another incident. If someone needs medical attention, go ahead and take action to get them the help they need. You can also cooperate with any police investigations.

Who will the inspector talk to during the investigation?
Be prepared for a series of questions. The inspector will want to chat with you, your workers, and their representatives (like WHS/OHS Representatives or union reps if available). They’ll ask about what was happening at the time of the incident, how they think it happened, and what measures could have been taken to prevent it.

Oh, and don’t forget about your safety documentation! You’ll need to provide things like policies, procedures, evidence of training and induction, maintenance records for machinery, risk assessments, and any other relevant documents. Don’t worry; they just want to understand your safety practices better.

If the investigation involves machinery and equipment, they might be temporarily seized as evidence. But don’t panic; they’ll be returned once the case is closed. Sometimes, these investigations can take up to two years, especially if there’s a possibility of prosecution. Remember, the goal here is to learn from the incident and prevent future harm, not to make your life difficult.

As for how long the investigation will take, well, it depends on the situation. Some cases get resolved quickly, while others may require more time. Don’t be surprised if investigators come back for additional information; they just want to make sure they have a complete picture.

Now, let’s talk about the possible options available to the inspector:

Improvement Notices: These are written notices that point out safety issues and ask you to address them within a certain timeframe. It’s like a friendly nudge to make things safer.

Prohibition Notice: If there’s an immediate hazard that could seriously affect someone’s health and safety, the inspector might tell you to stop certain activities until the hazard is rectified. Safety first, right?

Non-Disturbance Notice: This notice prevents any disturbance on the site, including the operation of plant and equipment, for a specified period (usually not more than 7 days). It’s just a precautionary measure.

Prosecution: In serious cases, the regulator has up to two years from the date of the incident to decide whether to pursue legal action. But remember, the goal is not to punish but to improve safety practices.

During the investigation, it’s crucial to cooperate with the inspector, especially in cases of fatalities or serious incidents. If you face a notifiable incident, it’s a good idea to seek support from a reputable safety professional. And in case of a fatality, consider getting in touch with a legal representative familiar with your state’s work health and safety law to provide you with guidance and support.

So, how can you reduce incidents in your workplace? Implement a safety management system! Having an effective safety management solution in place and using it correctly can help protect you and your employees in case of any incidents at work. Remember, safety is a team effort, and we’re here to support you every step of the way. Stay safe and take care!