Important WHS Act Update for Notifiable incidents

The Work Health and Safety Amendment Act 2025 No 3) is now in effect. A key change is Section 39A, which introduces a new requirement:

• All PCBUs including the PCBU in control of the workplace must immediately notify each other of any notifiable incident.
• Non-compliance attracts a Tier D monetary penalty under strict liability provisions.

This change is critical for building and construction projects where multiple duty holders operate on-site.

Other recent amendments have also expanded the definitions under notifiable incidents and include:

• Serious psychological harm and psychosocial hazards (e.g., workplace violence, attempted suicide).
• Dangerous incidents such as falls, electrical hazards, and mobile plant, including plant malfunction.
• Violent incidents that pose serious risk even if no physical injury occurs.
• Work-related suicides or attempted suicides.

Stricter timeframes for reporting apply.

Wording change regarding medically treated injuries in the updated WHS Act relates to clarifying what constitutes a serious injury or illness that triggers a notifiable incident. This change ensures that any injury requiring medical treatment beyond first aid, particularly those involving hazardous substances or serious trauma, is clearly recognised as notifiable under the Act.

Action for Members:
Review and update your incident notification procedures and ensure all site managers and supervisors understand the new requirements.

For full details:

• Legislation: View the Amendment
• Guidance & Reporting: WorkSafe ACT Website

If you require additional information or clarification contact the MBA Advisory Team on 6175 5900 or by email at workplace@mba.org.au