When things go wrong on site, it’s not just an internal issue, sometimes, you’re legally required to report it. These events are called notifiable incidents, and if you’re a business owner, supervisor, or tradie working under your own ABN, it’s vital to understand exactly what that means.
In this guide, we break down what counts as a notifiable incident in Australia, what your responsibilities are, and how to stay compliant to avoid penalties, or worse.
🔎 What Is a Notifiable Incident?
According to SafeWork NSW, a notifiable incident is:
“A serious injury or illness, a death, or a dangerous incident that arises out of the conduct of a business or undertaking.”
If you’re running a landscaping business, working in construction, or managing worksites, this applies directly to you.
⚠️ What Must Be Reported?
There are three main types of notifiable incidents that must be reported immediately:
1. Death of a person
This includes:
- Workers
- Contractors
- Visitors or bystanders
2. A Serious Injury or Illness
Examples include:
- Amputation
- Serious head or eye injury
- Electric shock
- Spinal injury
- Burns requiring treatment
- Exposure to harmful substances (chemicals, asbestos)
- Any injury requiring hospital admission
3. A Dangerous Incident
Even if no one is injured, the risk of serious harm makes it notifiable.
Examples:
- Machinery rollovers or collapses
- Electrical short circuits
- Explosions or fire near workers
- Near misses involving mobile plant
- Gas leaks or chemical spills
⏱️ Important: These incidents must be reported immediately to your local WHS regulator (e.g., SafeWork NSW), and the scene must not be disturbed until an inspector arrives (except to help injured persons or make the area safe).
🧾 Why It Matters, Real Case Examples
Neglecting your duty to report can result in major consequences.
🚨 Case 1: $175,000 Fine for WA Landscaping Company
In 2024, SJK Landscaping was fined $175,000 after a worker fell through a roof while cleaning gutters, an incident they failed to manage properly with a SWMS or control measures in place. This was a clear example of a notifiable incident due to the seriousness of injury. (Source)
🚨 Case 2: NSW Tree Services Company Hit With Record WHS Fine
In another case, a trainee tragically died after becoming entangled in a woodchipper. The employer failed to properly train and supervise the worker or document safety controls. This incident led to a fine of over $2 million, the largest ever in NSW.
📋 What to Do If a Notifiable Incident Happens
If something serious happens on your worksite, here’s what you need to do:
- Provide immediate help to anyone injured.
- Secure the area (do not disturb the scene unless necessary).
- Call your WHS regulator (e.g., SafeWork NSW) to report the incident.
- Document what happened (names, time, task, site conditions).
- Submit a written notification within 48 hours.
🛡️ How to Stay Compliant (And Protected)
The best defence? Prevention and preparation.
Here’s what every business should have in place before an incident ever occurs:
✅ A detailed Safe Work Method Statement (SWMS)
✅ Proper induction and training records
✅ Regular hazard inspections and site-specific assessments
✅ Clear emergency procedures
✅ A contact list for reporting to WHS regulators
🧰 Need Help Preparing? We’ve Got You Covered.
At Safer Outcomes, we make it easy for landscapers, tradies, and small businesses to stay compliant, without hiring a full-time safety officer.
Our pre-filled SWMS and WHS document packs are designed specifically for:
- Landscaping businesses
- Civil and construction contractors
- Small tradie teams
👉 Grab your SWMS pack now and stay protected before problems happen.
❓ Frequently Asked Questions
Is every workplace incident notifiable?
No, only those involving death, serious injury or illness, or a dangerous incident.
Who reports the incident?
The person conducting the business or undertaking (PCBU), typically the business owner or site manager.
Can you get fined for not reporting?
Yes. Failure to notify can result in large fines or prosecution under the WHS Act.
Final Word
A notifiable incident can happen in seconds, but the legal and financial fallout can last years. Don’t let paperwork (or lack of it) be the reason your business gets caught out.
Know your obligations, prepare in advance, and get your safety systems in place before the inspector calls.
