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Law/Legislation

Dealing with an accident

To keep a workplace safe and healthy, everyone in the workplace should know what their rights and obligations are when an accident or 'near miss' incident occurs.

Duties when there is an accident

To keep a workplace safe and healthy, and as part of an effective system for identifying and managing hazards in the workplace, employers, principals and self-employed persons have to maintain accident registers.  Accident registers must include the details of all accidents or incidents that harmed or might have harmed any person at work.

When an incident involving serious harm occurs at work

  • Make sure anyone injured or suspected of injury has received medical attention if necessary.
  • Do NOT interfere with the accident scene, unless
    • A Department of Labour Inspector has given permission; or
    • It is necessary to save someone's life or prevent harm or suffering to them; or
    • It is necessary to maintain access by the general public to an essential service or utility; or
    • It is necessary to prevent serious damage to property
  • Advise the local Departmental regional office as soon as possible by phone or fax
  • Carry out / co-operate in any investigation by the employer
  • Mail or fax written notice to the nearest Departmental regional office within 7 days
  • Keep the original (or a copy) of the written notice in the accident register.  If the accident register is kept in a different form, the same details must be recorded
  • Take steps to eliminate, isolate or minimise any identified hazard, once The Department gives permission to interfere with the accident scene.

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