When something goes wrong at work, what you do next is both a safety and a legal matter. Australian WHS law requires certain serious events — notifiable incidents — to be reported to the regulator immediately, and it expects every business to record and learn from incidents and near misses. This guide explains what counts as a notifiable incident, when and how to notify, what to record, and how to investigate. It builds on our guide to WHS obligations for employers.
Quick summary
- Notifiable = notify now:
Deaths, serious injuries/illnesses and dangerous incidents must be reported to the regulator immediately
- Preserve the site:
After a notifiable incident, don’t disturb the scene (except to help someone or make it safe)
- Record everything:
Keep an incident register for all incidents and near misses, not just notifiable ones
- Then investigate:
Find the root cause and fix the system, not just the symptom
What is a notifiable incident?
Under the model WHS Act, a notifiable incident is one of three things arising out of the conduct of the business:
- The death of a person
- A serious injury or illness — for example, one requiring immediate treatment as an in-patient in hospital, immediate treatment for a serious injury (amputation, serious burns, serious head or eye injury, etc.), or medical treatment within 48 hours of exposure to a substance
- A dangerous incident — an event that exposes anyone to a serious risk, even if no one is actually hurt (for example, an uncontrolled escape of a substance, an electric shock, a collapse or failure of plant, or a fall from height)
The exact definitions are set out in the WHS Act and can vary slightly by jurisdiction, so check your regulator (SafeWork NSW, WorkSafe Victoria, etc.).
When and how to notify the regulator
If a notifiable incident occurs, you must:
- Notify the regulator immediately after becoming aware of it — by phone or the regulator’s online form. Serious cases usually require an immediate phone call.
- Keep a record of the notification.
- Preserve the incident site so far as is reasonably practicable until an inspector arrives or directs otherwise — you can still act to help an injured person, remove a deceased person, make the site safe, or protect against a further incident.
Failing to notify, or disturbing the site, is itself an offence. When in doubt about whether an incident is notifiable, contact your regulator.
Recording and investigating incidents
Beyond notifiable incidents, good practice (and often your own policy) is to record all incidents, injuries and near misses in an incident register. Near misses are gold — they reveal hazards before someone is hurt. For each incident, capture what happened, when and where, who was involved and any witnesses, the immediate response, and the actions taken to prevent recurrence.
Then investigate to find the root cause. The goal isn’t to assign blame — it’s to fix the system so it can’t happen again, applying the hierarchy of controls. A standard incident reporting policy gives you a consistent process and form, and it links back to your hazard and risk policy so findings feed your risk register. For the injury side, see our workplace injury glossary entry.
Keep the records
Incident records, investigation findings and notifications should be kept as part of your WHS records. They demonstrate due diligence, support any workers’ compensation claim, and are exactly what an inspector will ask to see.
Keep incident and safety records straight. RosterElf’s HR tools help you distribute your incident reporting policy, capture acknowledgements, and keep accurate staff and time records that support investigations — start from our free safety & compliance policy templates.
Frequently asked questions
What is a notifiable incident under WHS law?
A notifiable incident is a death, a serious injury or illness, or a dangerous incident arising from the conduct of a business. Serious injuries include those needing immediate in-patient hospital treatment or treatment for injuries like amputations or serious burns; dangerous incidents expose people to serious risk (such as an electric shock, substance escape, plant collapse or fall from height) even if no one is hurt.
When must you notify the WHS regulator?
Immediately after becoming aware that a notifiable incident has occurred. Serious incidents generally require an immediate phone call to the regulator (SafeWork NSW, WorkSafe Victoria, etc.), followed by written notification if required. You must also keep a record of the notification.
Do you have to preserve the incident site?
Yes. After a notifiable incident you must not disturb the site so far as is reasonably practicable until an inspector arrives or tells you otherwise. You can still act to help an injured person, remove a deceased person, make the site safe, or prevent a further incident. Disturbing the site without a valid reason is an offence.
What should a workplace incident report record?
Capture what happened, the date, time and location, who was involved and any witnesses, the nature of any injury, the immediate response, and the corrective actions taken to prevent recurrence. Recording near misses as well as injuries helps you fix hazards before someone is harmed.
How long should incident records be kept?
Keep incident reports, investigation findings and notifications as part of your WHS records. They demonstrate due diligence, support workers’ compensation claims, and are what an inspector will request. Retention periods vary by record type and jurisdiction, so check your regulator’s guidance and keep records well beyond the immediate event.
