21 July 2026

QLD Notifiable Incidents

Introduction

This is a practical guide that sets out your duties and responsibilities under Part 3 of the Work Health and Safety Act 2011 (Qld). As a person conducting a business or undertaking, you have an obligation to notify Workplace Health and Safety Queensland of certain deaths, serious injuries, illnesses and dangerous incidents that arise out of the conduct of your business or undertaking (Queensland Government, 2011).

You must also keep records of these incidents and, if you have management or control of the workplace, ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives or any earlier time that an inspector directs. This guide explains the key requirements of sections 35 to 39, along with practical steps you can take to comply with your obligations.

The regulator must be notified immediately after the PCBU becomes aware that a notifiable incident has occurred, by the fastest possible means. Notification is not delayed while an internal investigation works out what happened (Queensland Government, 2011).

The Three Triggers Under Section 35

Section 35 of the Act provides that a notifiable incident is the death of a person, a serious injury or illness of a person, or a dangerous incident (Queensland Government, 2011). Each category is set out below.

Each notifiable incident must be assessed and notified if it arises out of the conduct of the business or undertaking. For example, if an employee falls from a ladder and requires immediate treatment as an in-patient in a hospital, the regulator must be notified. If another employee later suffers a separate notifiable incident, that incident must also be notified.

A near miss is not automatically a notifiable incident, but it may be. An event described on site as a near miss should still be tested against section 37 before anything is cleaned up or reset.

Death of a person

The death of any person is always a notifiable incident, and the duty to notify does not depend on whether the person who died was one of your workers (Queensland Government, 2011).

A work-related death is not limited to a death at the workplace itself. Workplace Health and Safety Queensland treats a work-related fatality as including a death caused by work where the person dies later in hospital, a death at a private residence where work was being carried out, such as a contractor working on a house or a person working from home, a work-related road traffic death on a public road, and a bystander or visitor to the workplace who dies as a consequence of work activity (Workplace Health and Safety Queensland, n.d.-b).

A death also brings in other agencies. The police preserve the scene and notify the next of kin, the death may be reportable to the coroner under the Coroners Act 2003 (Qld), and the regulator investigates where the person died because of a work-related incident. Where there is any doubt about whether a death arose out of the conduct of your business, notify and let the regulator determine it (Workplace Health and Safety Queensland, n.d.-b).

Serious injury or illness

A serious injury or illness means an injury or illness requiring the person to have:

  • immediate treatment as an in-patient in a hospital
  • immediate treatment for the amputation of any part of the body
  • immediate treatment for a serious head injury
  • immediate treatment for a serious eye injury
  • immediate treatment for a serious burn
  • immediate treatment for the separation of skin from underlying tissue, such as degloving or scalping
  • immediate treatment for a spinal injury
  • immediate treatment for the loss of a bodily function
  • immediate treatment for serious lacerations
  • medical treatment within 48 hours of exposure to a substance

Dangerous incident

A dangerous incident exposes a worker or any other person to a serious risk to health or safety from immediate or imminent exposure to:

  • an uncontrolled escape, spillage or leakage of a substance
  • an uncontrolled implosion, explosion or fire
  • an uncontrolled escape of gas or steam
  • an uncontrolled escape of a pressurised substance
  • electric shock
  • the fall or release from a height of any plant, substance or thing
  • the collapse, overturning, failure or malfunction of, or damage to, any plant required to be authorised for use under a regulation
  • the collapse or partial collapse of a structure
  • the collapse or failure of an excavation or of any shoring supporting an excavation
  • the inrush of water, mud or gas in workings, in an underground excavation or tunnel
  • the interruption of the main system of ventilation in an underground excavation or tunnel

Your steps when a notifiable incident occurs

1. Notify the regulator immediately

As soon as you become aware that a notifiable incident has arisen out of the conduct of your business or undertaking, you must ensure the regulator is notified immediately and by the fastest possible means (Queensland Government, 2011).

2. Give notice by telephone or in writing

Notice may be given by telephone or in writing. If you notify by telephone and the regulator requires it, you must give written notice of the incident within 48 hours of that request. A written notice must be in the form, or contain the details, approved by the regulator.

3. Preserve the incident site

If you have management or control of the workplace, you must ensure, so far as is reasonably practicable, that the site is not disturbed until an inspector arrives or directs otherwise. You may still act to assist an injured person, remove a deceased person, make the site safe or minimise the risk of a further notifiable incident, assist a police investigation, or act with the permission of an inspector or the regulator (Queensland Government, 2011).

4. Keep a record for five years

You must keep a record of each notifiable incident for at least five years from the day that notice of the incident is given to the regulator.

Where there is genuine uncertainty about whether an event is notifiable, contact Workplace Health and Safety Queensland on 1300 362 128 and let the question be answered directly (Workplace Health and Safety Queensland, n.d.-a).

Apply the Statutory Definitions

When determining whether an incident is notifiable, you should refer to the statutory definitions of ‘notifiable incident’, ‘dangerous incident’ and ‘serious injury or illness’. Section 4 refers to the dictionary in schedule 5, and the relevant definitions for incident notification are set out in sections 35 to 37 of the Act (Queensland Government, 2011).

For example, a ‘serious injury or illness’ includes an injury or illness that requires immediate treatment as an in-patient in a hospital or one of the other forms of treatment specified in section 36. By applying these definitions consistently, you can help ensure that you comply with your obligations under Part 3 of the Act. An undocumented decision gives the investigation that follows nothing to start from.

Conclusion

Complying with your notification duties under Part 3 of the Work Health and Safety Act 2011 (Qld) is an important part of your broader obligation to provide a safe working environment for employees. By following the steps outlined in this guide, you can help ensure that you comply with your obligations under the Act and take appropriate action in response to notifiable incidents.

Remember to consult the Workplace Health and Safety Queensland website and relevant guidance materials for more information and advice on specific situations.

References

Queensland Government. (2011). Work Health and Safety Act 2011 (Qld), sections 35 to 39. Queensland Legislation. https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-018

Workplace Health and Safety Queensland. (n.d.-a). Confirm if an incident is notifiable. Queensland Government. Retrieved 9 August 2026, from https://www.worksafe.qld.gov.au/safety-and-prevention/incidents-and-notifications/notify-us-of-an-incident/notify-workplace-health-and-safety-queensland-or-electrical-safety-office/confirm-if-an-incident-is-notifiable

Workplace Health and Safety Queensland. (n.d.-b). Work-related fatalities. Queensland Government. https://www.worksafe.qld.gov.au

You may also like these...