When someone is seriously hurt at work, the first hours matter, for the injured person and for your legal position. Many employers don’t know that some incidents must be reported to the Department of Employment and Labour, or that the scene may not be disturbed until an inspector says so. This guide explains Section 24 of the OHS Act and what to do after an incident.
Which incidents must be reported? (Section 24)
Section 24 of the OHS Act requires the employer (or user of machinery) to report an incident at work, or arising from work, where:
- A person dies, becomes unconscious, loses a limb or part of a limb, or is injured or becomes ill to such an extent that they are likely to die, suffer a permanent physical defect, or be unable to work for 14 days or more.
- A major incident occurs: a catastrophic event that puts people at risk.
- A dangerous occurrence happens, even if nobody is hurt. Examples are a spill of a dangerous substance, an uncontrolled release of a substance under pressure, machinery or parts that fracture or fail and send objects flying or falling, or machinery that runs out of control.
How and when to report
- Immediately: where someone has died, become unconscious, lost a limb or part of a limb, or is likely to die or suffer a permanent physical defect, and for major incidents and dangerous occurrences, notify the Department’s provincial office straight away by phone, email or a similar method.
- In writing within 7 days: submit the written report on the prescribed form for Section 24 incidents. Keep a copy.
- If the person later dies as a result of the injury, the employer must notify the Department of the death.
- Occupational diseases diagnosed by a doctor are also reportable, on the prescribed form.
Recording and investigating incidents
Reporting to the Department is only part of it. The General Administrative Regulations also require you to:
- Record every Section 24 incident, and every other incident where someone needed medical treatment beyond first aid, on the prescribed incident record form (Annexure 1).
- Investigate each recorded incident within 7 days, through a person designated by the employer, with the health and safety representative involved.
- Have the health and safety committee discuss the incident at its next meeting.
- Keep the records for at least three years, available for inspection.
A good investigation finds the root cause, not just “worker was careless”, and leads to actions with owners and dates, such as a new guard, changed procedure, retraining or an updated risk assessment.
Don’t forget COID
Reporting under the OHS Act is separate from claiming under COIDA. If an employee is injured on duty, the employer must also report the injury to the Compensation Fund (or your licensed compensation insurer) within the required time so that medical costs and lost wages can be covered. See our guide to the COID letter of good standing.
What to do after a serious incident: step by step
- Make the area safe and get first aid or medical help.
- Secure the scene. Don’t move equipment if it’s a reportable incident.
- Notify management, the 16(2) appointee and the health and safety representative.
- Decide whether it’s a Section 24 incident and, if so, notify the Department.
- Take photos, collect witness statements and write down what happened while it’s fresh.
- Submit the written report and COID claim documents within the deadlines.
- Investigate within 7 days, record it on Annexure 1, and act on the findings.
Have the procedure ready before you need it. Our safety files include an incident reporting and investigation procedure, incident register, investigation report, COID reporting procedure and injury claim checklist, so your team knows exactly what to do.
Frequently asked questions
What is a Section 24 incident?
An incident that must be reported to the Department of Employment and Labour under Section 24 of the OHS Act: a death, loss of consciousness, loss of a limb, an injury or illness likely to cause death or permanent disability or 14 or more days off work, a major incident, or a dangerous occurrence.
How soon must a workplace incident be reported?
Serious incidents must be reported immediately by phone, email or similar means, followed by a written report on the prescribed form within 7 days.
Do near misses need to be reported to the Department?
Ordinary near misses don’t, but dangerous occurrences such as machinery running out of control or a dangerous substance spilling must be reported even if nobody was injured. Recording and investigating all near misses internally is good practice.
How long must incident records be kept?
At least three years, at the workplace, available for inspection by an inspector.
Is reporting to the Department the same as a COID claim?
No. The OHS Act report goes to the Department’s inspectorate. The COID claim goes to the Compensation Fund or your licensed insurer, so that the employee’s medical costs and lost wages are covered. Often you need to do both.
