SafeWork NSW issues warning after concerning trend

SafeWork NSW has warned businesses that they will face fines and potential prosecution if they fail to report incidents after the regulator issued 140 compliance notices and over $55,000 in fines for breaches, with one-third of all offences occurring in the construction sector. If a serious injury or illness, a death or a dangerous incident occurs, businesses are legally obligated to report it to SafeWork NSW immediately, as an urgent investigation may be needed.

SafeWork has issued 37 more improvement notices for non-notification in 2023 than in 2022, and 52 more than in 2021. Persons conducting a business or undertaking (PCBUs) must also take care not to disturb the incident scene until a SafeWork inspector arrives at the site, or until direction is given by an inspector. Non-disturbance of the scene does not prevent any action to provide assistance to an injured person or to make the site safer.

Many serious incidents that occurred in 2023 are still under investigation, including an incident on 20 April, in which a Box Hill man fell three metres on a construction site and suffered spinal injuries and nerve damage. SafeWork was not notified of the incident for seven weeks, resulting in an incident scene that was significantly disturbed.

Another incident occurred on 2 June in Matraville, when an 18 year old on his second day of employment was seriously injured after an existing boundary wall collapsed and landed on him, pinning him to the ground. Following this incident, SafeWork is investigating several issues, including late notification and site disturbance. On 7 August in Dunmore, a male worker was seriously injured when he fell from a height — SafeWork NSW is also investigating a number of issues following this incident, including late notification and site disturbance.

Incidents can be notified 24 hours a day, seven days a week by calling 13 10 50. Penalties of up to $50,000 for a body corporate and $10,000 for an individual apply for not notifying incidents. Workers who feel that their workplace is unsafe can also anonymously report their concerns, including photographs, to SafeWork NSW via the ‘Speak Up Save Lives’ app.

Trent Curtin, Head of SafeWork NSW, said PCBUs are obligated to report all serious injuries or illnesses, deaths, and dangerous incidents to SafeWork NSW immediately. “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 of legislation. 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,” Curtin said.

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