A serious safety incident can expose an organisation, its officers, and individual workers to legal, operational, and commercial consequences. Depending on the circumstances, the incident may lead to a regulatory investigation, prosecution, civil claims, coronial proceedings, or enforcement action. It may also affect insurance coverage, future tender submissions, and broader reputation.
The initial response must prioritise the health and safety of workers and others at the workplace. Once the immediate danger has been controlled, those responsible for the response should promptly assess any notification obligations, preserve relevant evidence, coordinate communications with the regulator, and put a framework in place for any internal investigation.
The following practical steps focus on the actions to take in the minutes and hours immediately following a serious safety incident.
Protect people and make the area safe
The first priorities are to preserve life, make the area safe, and protect workers and members of the public from further harm.
Arrange emergency medical assistance, provide first aid, isolate hazards, and prevent people from entering an unsafe area. Depending on the nature of the incident, this may require stopping plant, evacuating part of the workplace, establishing an exclusion zone, suspending a work activity, or moving people away from unstable structures, hazardous substances, or damaged equipment.
Emergency responders should be given safe access to the site and sufficient information about any continuing hazards. This may include electrical risks, hazardous materials, unstable plant or structures, confined spaces, or restricted access points.
Establish an incident response team
The incident response team may include the site manager, project manager, WHS or HSE manager, relevant supervisors, senior management, human resources, industrial relations, risk and compliance personnel, public relations representatives, legal advisers, insurers, and technical experts.
Each person should understand their role and decision-making authority. For example, one person may coordinate the overall response, another may manage site safety and access, another may liaise with emergency services, and another may communicate with the regulator.
The response plan should also identify who can authorise work stoppages, engage external advisers, approve the release of information, preserve electronic records, and permit any changes to the incident site.
Allocating these responsibilities at the outset reduces the risk of missed notification obligations, duplicated work, inconsistent communications, and uncertainty about who can make urgent decisions.
Assess whether the regulator must be notified
A notifiable incident generally involves the death of a person, a serious injury or illness, or a dangerous incident. A dangerous incident may be notifiable even where no person has been injured, including some serious near misses.
The notification obligation usually rests with the person conducting a business or undertaking (PCBU). Depending on the workplace and project structure, this may include an employer, principal contractor, subcontractor, asset owner, labour hire provider, or operator of an industrial facility.
On a major project, more than one PCBU may have an obligation to notify. Each duty holder should assess its own position and communicate with the others rather than assume another party has notified on its behalf.
Notification should occur as soon as the PCBU becomes aware that a notifiable incident has occurred. There is no need to determine the root cause or complete an internal investigation before contacting the regulator.
Initial notification commonly includes the location, date, and time of the incident, a description of what occurred, the nature of any injuries, the immediate actions taken, the current condition of the site, and relevant contact details.
The person making the notification should keep a record of when and how it was made, the information provided, any reference number issued, and all follow-up communications.
A delay may amount to a separate offence, attract penalties, increase regulatory scrutiny, and damage credibility with investigators. Notifying an insurer, broker, client, or principal contractor does not satisfy the separate obligation to notify the relevant safety regulator.
Preserve the site, documents, and electronic evidence
Take immediate steps to preserve physical, documentary, and electronic evidence that may assist in establishing what occurred.
Physical evidence may include plant, machinery, tools, personal protective equipment, damaged materials, and components involved in the incident. These items should not be repaired, discarded, or returned to service before considering whether they may be required for inspection or testing.
Relevant documents may include Safe Work Method Statements, risk assessments, safe operating procedures, training and induction records, maintenance records, inspection reports, plant registers, contractor details, incident reports, site diaries, and emails.
Electronic evidence may include CCTV footage, access records, GPS data, machine downloads, photographs, text messages, Teams messages, drone footage, and telemetry data.
Control communications and nominate a liaison
Nominate one suitably briefed person to manage formal communications with the regulator.
That person should maintain a record of telephone calls, emails, notifications, document requests, information provided, and any commitments made. This record will help the response team track what the regulator has requested, what has already been provided, and what further action is required.
Other managers and workers should understand who the nominated liaison is and refer formal enquiries to that person where appropriate. This does not prevent an inspector from exercising lawful powers or interviewing relevant witnesses. It ensures communications are managed consistently and that an accurate record is retained.
Personnel should also be reminded that post-incident emails, text messages, Teams messages, and other communications may later be obtained as evidence. Communications should record established facts, avoid speculation, and refrain from attributing fault before the circumstances have been properly investigated.
Obtain legal advice before commencing an investigation
Early advice can assist with assessing notification obligations, preparing for an inspector’s arrival, managing document requests, determining whether requests are voluntary or compulsory, advising employees before interviews, and identifying whether any individual may face personal exposure.
Where confidential legal advice is required or regulatory proceedings are anticipated, external lawyers may establish and direct the investigation. This may include defining its scope, issuing instructions, identifying evidence, engaging technical experts, coordinating interviews, and advising on interactions with the regulator.
Early legal involvement does not prevent corrective action or cooperation with the regulator. It helps ensure the investigation is properly structured from the outset and, where relevant, increases the likelihood that reports and other documents prepared for the dominant purpose of obtaining legal advice or in anticipation of litigation will attract legal professional privilege.
Preparation remains the best response
The effectiveness of the immediate response often depends on the preparation carried out before an incident occurs.
An incident response plan should identify the internal response team, external advisers, regulator liaison, notification process, evidence preservation steps, communication protocols, and investigation framework. Managers and supervisors should also understand when to stop work, who has authority to make decisions, and when legal advice should be sought.
A deliberate, coordinated response helps meet legal obligations while reducing the risk of further harm and unnecessary legal exposure.
Need assistance responding to a serious safety incident?
Our Employment, Industrial Relations & Safety team can assist with developing and reviewing incident response procedures, advising on notifiable incidents, managing interactions with WHS regulators and inspectors, and structuring investigations to preserve legal professional privilege where available.
For urgent assistance following an incident, or to discuss whether your current response processes are fit for purpose, contact our team today.
