Howdy! I'm Dan Smith and I live with my wonderful family in Perth. This is my legal blog which aims to look at every part of the legal system. I should point out that i'm not a lawyer myself. However, my good friend Stan has been representing people in court for many years. I find Stan's work fascinating and I love asking him questions. I have even done a bit of my own research into the legal system. I decided to pull everything together here so I could organise my thoughts while also providing useful info for others. Thanks for checking out my blog!
Any business that employs others or that operates in a commercial environment where third-party access is possible must have a comprehensive risk management plan in place. Owners or senior managers must fully understand their obligations and especially when it comes to reporting an incident of any kind. If you are entirely new to this field, what do you need to know about notifiable incidents and your level of exposure?
What the Law Says
Australian law requires an employer to notify the relevant health and safety department about any notifiable incident that may occur on their premises. They must act as soon as a manager or supervisor becomes aware of the event and may need to take certain steps to preserve the site of the incident if required.
Understanding the Word 'Notifiable'
It's important to understand what is meant by a 'notifiable' incident. For example, you will need to take action if an accident has caused an injury to a person requiring intervention by a medical professional or treatment at a healthcare facility. If your business involves the use of dangerous substances or chemicals, then an employee may contract a severe illness as a result of exposure over a given time. This illness will also qualify as a notifiable incident, and you must report it to the regulators.
You may also be required to lodge a report following a dangerous incident that may not have caused any direct injury. For example, a specific machine or a part of your facility may have failed to cause an explosion or damage, and you should notify this as well.
Remember, you have a responsibility to report as soon as somebody in a supervisory or managerial position becomes aware of the incident. Consequently, you should ensure that all staff beneath you who could qualify under this description are fully aware of their obligations as if they fail to act, the buck must stop with you.
Going by the Book
Implement the proper policies, procedures and levels of communication so that you're always ready for an incident of this kind, no matter where or when it may happen. You will need to go through a set procedure to provide all the information, to give all your legal and identifiable data and to ensure that you adhere to the rules in every case.
If, on the other hand, you have failed to notify the regulator of a recent incident and this has developed into a serious situation, you will need some legal guidance. Talk with a commercial lawyer for their advice.Share
7 January 2020