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Safety Matters - Rail, Tram and Bus Union of NSW

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• Uncontrolled explosion or fire<br />

• Uncontrolled release <strong>of</strong> gas, dangerous goods or steam<br />

• Someone is involved in a robbery<br />

• Someone has serious burns<br />

• Collapse <strong>of</strong> an excavation<br />

• A person is trapped in machinery or a confined space<br />

• Exposure to bodily fluids that present risk <strong>of</strong> transmission <strong>of</strong> blood born<br />

diseases<br />

• Any injury or illness resulting in more than 7 days <strong>of</strong>f work<br />

Non-serious incidents notifi cation to workcover<br />

SECTION FOUR<br />

<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />

If there is an incident that is not serious i.e. no illness or is not immediately life<br />

threatening, then WorkCover can be notified within seven days.<br />

For information on how to notify WorkCover see the accompanying Information<br />

Sheet: ‘Accident <strong>and</strong> Injury Notifications -What Employers <strong>and</strong> Insurance<br />

Companies Need To Do’.<br />

What are the penalties for not notifying a work-related incident?<br />

The employer must notify WorkCover <strong>of</strong> any incident listed above immediately.<br />

Except where the injury is not serious i.e. not life threatening or not a serious<br />

illness, the penalties are listed below under section 86 <strong>of</strong> the OHS Act 2000.<br />

The maximum penalty for not notifying is:<br />

– $82,500 in the case <strong>of</strong> a corporation (being a previous <strong>of</strong>fender)<br />

– $55,000 in the case <strong>of</strong> a corporation (not a previous <strong>of</strong>fender)<br />

– $41,250 in the case <strong>of</strong> an individual (being a previous <strong>of</strong>fender)<br />

– $22,000 in the case <strong>of</strong> an individual (not a previous <strong>of</strong>fender)<br />

Employers notifi cation to insurers<br />

By law employers must notify their insurance company within 48 hours <strong>of</strong><br />

becoming aware <strong>of</strong> a Workers Compensation Injury where the employee is<br />

likely to have more than 7 days <strong>of</strong>f work.<br />

Employers must notify the insurance company within 7 days <strong>of</strong> all other claims.<br />

All other claims (that is, employees <strong>of</strong>f work for less than 7 days) must be<br />

notified within 7 days.<br />

OHS Factsheets<br />

4<br />

RAIL<br />

TRAM AND BUS<br />

U N<br />

I O N

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