Incident notifications to the Regulator are required for a number of notifiable situations being the death of a person, a serious injury or illness of a person; or a dangerous incident. Dangerous incidents are prescribed events that expose a worker or any other person to a serious risk to a person’s health or safety. No actual injury need occur. These near miss situations must be reported.
Under the new Work Health and Safety Act, it is no longer necessary for a person to be killed to receive exposure to the maximum penalty available. A Category 1 offence (criminal offence with the maximum penalties) occurs when a duty holder, without reasonable excuse, engages in conduct that recklessly exposes a person to a risk of death or serious injury or illness. Hence, no injury has to have occurred!!