Notifiable Incidents Under the Victorian OHS Act: Employer Investigation Obligations

What Is a Notifiable Incident in Victoria?

Under the Occupational Health and Safety Act 2004 (Vic), Victorian employers have strict obligations to notify WorkSafe Victoria when certain serious workplace incidents occur. These incidents are commonly referred to as notifiable incidents and represent events that indicate a serious failure, or potential failure, to manage workplace risk.

Notifiable incidents are significant because they often trigger regulatory scrutiny, enforcement activity, and an expectation that the employer will conduct a thorough and defensible workplace investigation.

For broader guidance on employer investigation obligations in Victoria, see our overview of workplace investigations in Melbourne under the Victorian OHS Act. 

For national guidance on investigation obligations across all jurisdictions, see
WHS workplace investigations in Australia.

---

What Types of Incidents Are Notifiable?

While the OHS Act does not use the same terminology as WHS jurisdictions, Victorian employers are generally required to notify WorkSafe Victoria where an incident involves:

• A workplace fatality

• A serious injury or illness requiring immediate medical treatment

• A dangerous incident that exposes workers to a serious risk, even if no injury occurs

Notification obligations apply regardless of fault. The purpose is to ensure that serious risks are identified, assessed, and addressed to prevent recurrence.

---

Employer Obligations Following a Notifiable Incident

When a notifiable incident occurs in Victoria, employers must take several immediate and ongoing steps to meet their legal obligations.

Notify WorkSafe Victoria

Employers are required to notify WorkSafe Victoria as soon as practicable after becoming aware of a notifiable incident. Failure to notify may itself constitute a breach of the Occupational Health and Safety Act 2004 (Vic).

Preserve the Incident Site

Where reasonably practicable, the incident site must be preserved until a WorkSafe inspector arrives or directs otherwise.

Conduct a Workplace Investigation

Employers are expected to conduct a workplace investigation to establish:

• What occurred

• Why it occurred

• Whether hazards were identified and controlled

• Whether systems of work were adequate

• What corrective actions are required

WorkSafe Victoria frequently reviews investigation quality when determining compliance outcomes.

---

Investigation Expectations Under Victorian OHS Laws

WorkSafe Victoria expects investigations following notifiable incidents to be:

• Prompt, commencing as soon as reasonably practicable

• Properly scoped, reflecting the seriousness of the incident

• Evidence-based, supported by documentation and witness accounts

• Focused on systemic causes, not just individual conduct

Investigations that are superficial or disciplinary in nature are frequently criticised.

---

Psychological Injury and Serious Incidents

Not all psychological injuries are automatically notifiable. However, incidents involving traumatic exposure, violent behaviour, or extreme stressors may still require investigation under Victorian OHS duties.

Employers must assess whether the incident indicates a failure to manage risks to psychological health.

---

Independent Investigations After Notifiable Incidents

Following a notifiable incident, particularly where a serious injury, fatality, or senior management involvement is present, engaging an independent workplace investigator is often the most defensible approach.

👉 Related guidance:
Independent workplace investigator Australia