Hazard Reporting - Legal Requirements for Reporting and Acting on

Hazard and Near Miss reporting systems and procedures are an essential component of any safety management system, but were you aware that there are legal requirements contained in the OSH Act [ (23K.(1)(2) a, b and 20(2)(d)(1) ] which state that:

• employees must report hazards 
• employers must investigate the hazard report within a reasonable time and provide the person reporting the hazard with feedback.

The maximum penalty that can be imposed for failing to comply with these sections of the Act is $25,000 for an employee and $50,000 for the employer. However, I’m not a lawyer and this is not legal advice but the intention of the legislation would appear to be that employees are required to report hazards, near misses and “situations” that “could constitute a hazard” to the employer. 

And, having received a hazard report from an employee, “the employer must, within a reasonable time, investigate the matter that has been reported” and, “notify the employee of the determination so made.”

To help you comply with the requirements I suggest that you consider:

·         formally training your people in their obligation to report hazards and the penalties for failing to do so

·         actively encourage employees to report hazards and near misses

·         implement a hazard/near miss reporting system

·         make sure that hazard report forms are available for anyone to use at any time (e.g. keep a supply of forms in the lunch room, as well as in the supervisor’s office)

·         when hazard reports are received investigate and, if necessary, take corrective action

·         involve and provide feedback to the person submitting the report

As I’ve said elsewhere, effective hazard and near miss reporting can be used as an early warning system for things going wrong in your workplace. 

Apart from the legal requirements mentioned above, many accidents can be prevented by taking prompt action to prevent a hazardous situation from continuing or developing into something worse.  Therefore, use Near Miss reports as your early warning system - waiting for the injury to happen before acting just doesn’t make sense.

©  Applied Safety & Risk Management                          www.appliedsafety.com.au

The views expressed in this article are those of the author who is not a lawyer and is not qualified to provide legal advice therefore before acting professional legal advice should be obtained.