2 November 2023

NSW workplace regulator issues warning to businesses after spike in unreported incidents

| Travis Radford
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A 'Danger, Construction site, Unauthorised Persons Keep Out' sign mounted on a wire fence in front of a building site.

One-third of all offences SafeWork NSW has issued compliance notices or fines for this year occurred in the construction industry. Photo: File.

SafeWork NSW has warned businesses they will face fines and potential prosecution if they fail to report incidents, following an uptick in non-notifications.

With two months still to go in the year, the workplace regulator has issued 37 more improvement notices for non-notification than in 2022, and 52 more than in 2021.

SafeWork has also issued 140 compliance notices and more than $55,000 in fines for breaches this year, with one-third of all offences occurring in the construction industry.

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Head of SafeWork NSW Trent Curtin explained there was a legal obligation for employers to report incidents to SafeWork straight away as an urgent investigation may be needed.

“The obligations on people conducting a business or undertaking are clear – if there is a serious injury or illness, a death or a dangerous incident you must report it to SafeWork NSW immediately,” he said. “For SafeWork inspectors tasked to assess or investigate an incident where the scene has been disturbed due to a lack of notification represents an unjust treatment of the injured party and an unacceptable breach.”

Once a report is made, care must be taken not to disturb the scene – with the exception of aiding an injured person or making the site safe – until a SafeWork inspector arrives or provides other direction.

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A number of serious incidents and issues surrounding the reporting of these incidents, including late to no notification and site disturbance, are currently under investigation by SafeWork.

One incident involved a man who suffered spinal injuries and nerve damage after falling three metres on a Box Hill construction site, but the incident was not notified for seven weeks. Another involved an 18-year-old seriously injured on his second day on the job in Matraville when a boundary wall collapsed and pinned him to the ground. Late notification and site disturbance issues are being investigated for both incidents.

A third incident involved a male worker who was seriously injured when he fell from a height in Dunmore, with a number of issues including late notification and site disturbance also being investigated.

Penalties of up to $50,000 for a body corporate employer and $10,000 for an individual employer apply for not notifying SafeWork NSW of dangerous workplace incidents.

“If you have seen an incident or unsafe work and if you are worried about raising it at work, SafeWork’s Speak Up Save Lives app lets you report an unsafe work situation, while giving you the choice to remain anonymous,” Mr Curtin explained.

Incidents can be notified 24 hours a day, seven days a week through the Speak Up Save Lives app or by calling SafeWork NSW directly on 13 10 50.

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