Work, health and safety

Serious Injury or Illness - (Notifiable to Comcare and reportable to Defence)

WHS ACT - Section 35-36

Section 36 of the WHS Act sets out that a serious injury or illness of a person is an injury or illness requiring the person to have:

• Immediate treatment as an in-patient in a hospital (includes admission into a hospital as an in-patient for any duration, even if the stay is not overnight or longer, but does not include out-patient treatment provided by the emergency section of a hospital i.e. not requiring admission as an in-patient);
• Immediate treatment for
  • The amputation of any part of  the body such as a limb (arm or leg), body part such as hand, foot or the tip of a finger, toe, nose or ear.
  • A serious head injury such as fractured skull, loss of consciousness, blood clot or bleeding in the brain, and any head injuries resulting in temporary or permanent amnesia immediate treatment for a serious eye injury that results in or is likely to result in the loss of the eye or total or partial loss of vision.
  • A serious burn requiring intensive care or critical care which could require compression garment or a skin graft.
  • The separation of skin from an underlying tissue (such as degloving or scalping)where tendon, bone or muscles are exposed.
  • immediate treatment for a spinal injury to the cervical, thoracic, lumbar or sacral vertebrae including the disc and spinal cord.
  • immediate treatment for the loss of a bodily function such as loss of consciousness, loss of movement of a limb or loss of the sense of smell, taste, sight or hearing, or loss of function of an internal organ.
  • immediate treatment for serious lacerations such as deep or extensive cuts that cause muscle, tendon, nerve or blood vessel damage or permanent impairment,    deep puncture wounds, tears to the flesh or tissues that may include stitching to prevent loss of blood and/or other treatment to prevent loss of bodily function and/or infection.
  • Medical treatment within 48 hours of exposure to a substance where treatment is provided by a doctor including exposure to chemicals, airborne contaminants and exposure to human and/or animal blood or body substances.
• The following prescribed illnesses:
  • Any infection to which the carrying out of work is a significant contributing factor, including any infection that is  reliably attributable to carrying out work:
    • That involves providing treatment or care of a person
    • That involves contact with human blood or body substances
    • That involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products
    •  Certain occupational zoonoses contracted in the course of work involving the handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products.

In the case of a serious injury or illness it does not matter whether a person actually received treatment, just that the injury or illness could reasonably be considered to warrant such treatment.

The Work Health and Safety Regulations (the Regulations) may include or exclude other injuries or illnesses as 'serious injuries or illnesses' for the purposes of section 36 of the WHS Act.

Dangerous Incident - (Notifiable to Comcare and reportable to Defence)

WHS ACT - Section 35-36

Section 37 of the WHS Act sets out that a dangerous incident is an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:

• An uncontrolled escape, spillage or leakage of a substance.
• An uncontrolled implosion, explosion or fire.
• An uncontrolled escape of gas or steam.
• An uncontrolled escape of a pressurised substance.
• Electric shock, as defined in Code of Practice, Work Health and Safety (Managing electrical risks in the workplace).
• The fall or release from a height of any plant, substance or thing (not including a person).
• The collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the Work Health and Safety Regulations 2011.
• The collapse or partial collapse of a structure (note that this could include Telstra pits).
• The collapse or failure of an excavation or of any shoring supporting an excavation.
• The inrush of water, mud or gas in workings, in an underground excavation or tunnel.
• The interruption of the main system of ventilation in an underground excavation or tunnel.

The Regulations may include or exclude other incidents as being ‘dangerous incidents’ for the purposes of section 37 of the WHS Act, however the Regulations are currently silent on this.

For most hazards such as plant, or a structure collapsing, a person will need to be in the immediate vicinity to be exposed to a serious risk to their health and safety.

However, some hazards such as an uncontrolled leak of a hazardous gas or a fire can travel towards a person and expose them to a serious risk to health and safety away from the original source.

A dangerous incident includes both immediate serious risks to health or safety, and also a risk from an immediate exposure to a substance which is likely to create a serious risk to health or safety in the future, for example asbestos or chemicals.

Phone Comcare immediately
Note: Notification to Comcare is required immediately after becoming aware that a notifiable incident arising from the business or undertaking has occurred.

Notification in the first instance should be by phone:
1300 366 979

From outside Australia phone:
+61 2 6276 0333 (international call charges apply)

Within 48 hours of initial phone call to Comcare.

Note: Sentinel will automatically send the written notification to Comcare when the Workplace Supervisor completes all the required actions in Sentinel.

Reporting to ARPANSA is to be, in the first instance, within 24 hours of the accident.

Business Hours:
02 9541 8329

24 hour contact:
03 9432 5384

Web: www.arpansa.gov.au