Lesson 2.2: OHS Act Regulations Relevant to Incident Investigation
Understanding the specific regulations that govern incident investigation under the OHS Act
Introduction
The Occupational Health and Safety Act is supported by various regulations that provide detailed requirements for specific aspects of workplace health and safety. This lesson focuses on the regulations that are most relevant to incident investigation, reporting, and compliance.
Learning Objectives
By the end of this lesson, you will be able to:
- Identify the key regulations under the OHS Act related to incident investigation
- Explain the specific requirements for reporting different types of incidents
- Understand the legal timeframes for reporting and investigation
- Recognize the documentation and record-keeping requirements
Key OHS Act Regulations
General Administrative Regulations (GAR)
These regulations provide the administrative framework for the OHS Act. Chapter 7, specifically, deals with incidents, including definitions, reporting requirements, and investigation procedures for all workplaces.
Major Hazard Installation (MHI) Regulations
These regulations apply to sites with large quantities of hazardous substances. They have specific and stringent requirements for incident reporting, emergency planning, and investigation of any incident that could lead to a major accident.
Driven Machinery Regulations
These regulations focus on the safe use of machinery and contain specific requirements for reporting incidents involving equipment failure, entanglement, or other machinery-related accidents.
Environmental Regulations for Workplaces
These regulations address issues like ventilation, lighting, and noise. Incidents related to environmental conditions (e.g., heat stress, chemical exposure) fall under these requirements.
Reporting Requirements and Timeframes
Fatality
Report to Inspector immediately
Injury
Report within 7 days
Occupational Disease
Report within 14 days
Dangerous Occurrence
Report as soon as possible
The Investigation Process Under Regulations
Regulatory Investigation Steps
When a serious incident occurs, the regulations mandate a specific process to be followed:
Form WCIW: Investigation Report
The regulations prescribe the use of Form WCIW (Workplace Compensation Incident Report) for documenting and reporting the findings of an investigation. This form requires detailed information about the incident, the causes, and the corrective actions taken.
Inspector’s Powers
An inspector has the authority to take charge of the scene, question witnesses, seize evidence, and direct the employer’s investigation. Cooperation with the inspector is a legal requirement.
Record Keeping
Employers are required to keep records of all incidents, investigations, and reports for a minimum period of three years. These records must be made available to inspectors upon request.
Key Sections of the General Administrative Regulations
Section 2: Definitions
Defines “incident,” “injury,” “occupational disease,” and “dangerous occurrence.”
Section 3: Incidents to be Reported
Lists the specific types of incidents that must be reported to an inspector.
Section 4: Reporting to Inspector
Specifies the timeframes and procedures for reporting incidents.
Section 9: Investigation
Outlines the employer’s duty to investigate incidents and submit reports.
Key Takeaways
- The General Administrative Regulations provide the core framework for incident investigation
- Different types of incidents have different legal reporting timeframes
- Form WCIW is the prescribed document for reporting investigation findings
- Employers must secure the incident scene and cooperate with inspectors
- Proper record-keeping of all incidents and investigations is a legal requirement