Page 8 - The Outdoor Showman OCT-DEC 2019

NOTIFIABLE INCIDENTS
When particular types of incidents happen with amusement rides, you may have a legal duty to notify WorkSafe.
Both the Occupational Health and Safety Act 2004 (OHS Act) and the Equipment (Public Safety) Regulations 2017 (EPS Regulations) include duties to notify.
It’s an offence not to report a notifiable incident. Failure to notify may result in prosecution.
Whose responsibility is it to notify?
Both the venue and the ride operator may have duties to notify WorkSafe.
The OHS Act requires employers and self-employed persons with management or control of the workplace where the incident occurs to notify WorkSafe. More than one person may have management and control of a workplace. Under the EPS Regulations, the person in charge of prescribed equipment has the duty to notify.
What if the only person injured is a member of the public?
You must notify WorkSafe of incidents resulting in any of the injuries below, no matter who was injured.
Which incidents must be reported to WorkSafe?
Both the OHS Act and the EPS Regulations require notification of an incident that results in any of these outcomes:
• the death of a person
• a person requiring medical treatment within 48 hours of exposure to a substance (any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour)
• a person requiring immediate treatment as an in-patient in a hospital
• collapse, overturning, failure or malfunction of, or damage to any plant referred to in regulation 106 of the OHS Regulations (this includes amusement structures to which AS3533.1 Amusement rides and devices — Part 1: Design and construction applies, other than amusement structures determined by AS 3533.1 to be class 1)
• collapse or failure of an excavation or of the shoring supporting an excavation
• collapse or partial collapse of all or part of a building or structure
• implosion, explosion or fire
• escape, spillage or leakage of any substance including dangerous goods (as defined in the Dangerous Goods Act 1985)
• fall or release from a height of any plant, object or substance
• certain incidents in relation to mines.
Under the EPS Regulations, a person in charge of prescribed equipment must notify WorkSafe of dangerous occurrences involving the equipment, which include:
• collapse, overturning, failure or malfunction of, or damage to prescribed equipment
• implosion, explosion or fire.
Prescribed equipment includes amusement structures to which AS3533.1 Amusement rides and devices — Part 1: Design and construction applies, other than amusement structures determined by AS 3533.1 to be class 1.
How to report an incident to WorkSafe
Call WorkSafe immediately on 132 360.
You will be given a reference number.
You must then report the incident in writing within 48 hours of becoming aware of it. Go to https://www.worksafe.vic.gov. au/report-incident. You can report online or download the pdf form and follow the instructions.
Preserving the incident site
The person who has the duty to notify must ensure that the incident site is not disturbed until an inspector arrives at the site, or directs otherwise.
Until then, the site may be only disturbed to:
• protect someone’s health or safety
• aid an injured person involved in the incident, or
• take essential action to make sure the site is safe or to prevent a further incident.
More information
For more information, see WorkSafe’s Guide to incident notification
• a
person requiring immediate medical treatment for:
• amputation of any part of the body
• serious head injury
• serious eye injury
• separation of skin from underlying tissue (for
example de-gloving or scalping)
• electric shock
• spinal injury
• loss of a bodily function
• a serious laceration
The OHS Act also requires notification of incidents that expose someone in the immediate vicinity to an immediate risk to their health or safety. This includes:
• collapse, overturning, failure or malfunction of, or damage to, any plant that is required under the Occupational Health and Safety Regulations 2017 (OHS Regulations) to be licensed or registered
6 THE OUTDOOR SHOWMAN