Issues such as compliance, safety in the curriculum and workplace bullying.
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Do you need to comply?
Yes – under the provisions of the Occupational Health and Safety Act 2004 (Vic).
Conditions of compliance
Part 5 of the Occupational Health and Safety Act 2004 (Vic) (the Act) requires notification to the Victorian WorkCover Authority (VWA) of serious workplace incidents. In respect of such incidents, the Act also requires preservation of the incident site until an inspector arrives or issues a direction, subject to some exceptions.
The duty to notify the VWA of serious workplace incidents applies if you are:
- an employer who has the management and control of a workplace; or
- a self-employed person who has the management and control of a workplace.
If you have to comply, what do you have to do?
You must notify the VWA Incident Notification Unit immediately (by telephoning 132 360) of any workplace incident that results in death or serious injury (including an injury for which medical treatment by a doctor or immediate treatment as an in-patient in a hospital), or that exposes a person in the immediate vicinity to an immediate health or safety risk.
Definitions of ‘workplace’ and ‘notifiable incidents’ are given in the ‘Guide to Incident Notification’ publication.
The ‘incident notification form‘ must be used to send the VWA Incident Notification Unit a written record of a notifiable incident and must be sent to the VWA within 48 hours.
You must keep a copy of this record for at least five years.
An employer or self-employed person must ensure that the site of a notifiable incident is not disturbed until an inspector arrives or directs otherwise at the time of notification, although the site may be disturbed to protect a person’s health or safety, to help someone who is injured or to make the site safe.
What are the consequences if you don’t comply?
Failure to comply with the incident notification and site preservation requirements in the Act can lead to fines (for each offence) of up to:
- 60 penalty units (or $8856.60 until 30 June 2015) for individuals; or
- 300 penalty units (or $44,283.00 until 30 June 2015) for companies.
Who will help you?
Independent Schools Victoria contact:
Director, Strategic Relations
Ph. 03 9825 7210
Director, School Services
Ph. 03 9825 7211
School Services Advisor
Ph. 03 9825 7275
Links and Resources
WorkSafe: Incident Notification
WorkSafe: Guide to Incident Notification
WorkSafe: Incident Notification Form