1. October – December 2020
Small Mines Roadshow
Incident Notifications
under WHS (M&PS) Laws

2. What Incidents need to be notified?
There are 2 types of incidents that require notification & information to be given to the regulator under the
WHS laws

3. Notifiable – Prescribed Serious Injury or Illness:
an injury or illness requiring the person to have immediate treatment as an in-patient in a hospital,
an injury or illness requiring the person to have immediate treatment for;
i. the amputation of any part of his or her body,
ii. a serious head injury
iii. a serious eye injury
iv. a serious burn
v. the separation of his or her skin from an underlying tissue (such as de-gloving or scalping)
vi. a spinal injury
vii. the loss of a bodily function
viii. serious lacerations
an injury or illness requiring the person to have medical treatment within 48 hours of exposure to a
substance
a fracture to a person’s bone other than a bone in the person’s hand (including a finger) or foot (including a
toe)
Clause 178 Serious injury or illness

4. Notifiable – Prescribed Dangerous incidents
i. an uncontrolled escape, spillage or leakage of a substance, or
ii. an uncontrolled implosion, explosion or fire, or
iii. an uncontrolled escape of gas or steam, or
iv. an uncontrolled escape of a pressurised substance, or
v. the fall or release from a height of any plant, substance or thing, or
vi. the collapse or partial collapse of a structure, or
vii. the collapse, overturning, failure or malfunction of, or damage to, any plant that is required
to be authorised within the meaning of Part 4 of the WHS Act, or
viii. the collapse or failure of an excavation or of any shoring supporting an excavation, or
ix. the inrush of water, mud or gas in workings at an underground excavation or tunnel, or
x. the unintended interruption of the main system of ventilation at an underground
excavation or tunnel, or
An incident in relation to a workplace that exposes a worker or any
other person to a serious risk to a person’s health or safety
emanating from an immediate or imminent exposure to:
Clause 179(a) Dangerous Incidents – exposure related

5. Notifiable – Prescribed Dangerous incidents (cont.)
xi. the loss of control of heavy earthmoving machinery (including any
failure of braking or steering), or
xii. the unintended activation, movement, or failure to stop of
vehicles or machinery, or
xiii. a collision involving a vehicle or mobile plant, or
xiv. damage to, or failure of, any part of a powered winding system or a
shaft or shaft equipment, or
xv. damage to any plant or structure, or
xvi. a failure of ground, or of slope stability control measures, or
xvii.rock falls, instability of cliffs, steep slopes or natural dams, occurrence
of sinkholes, development of surface cracking or deformations or
release of gas at the surface, due to subsidence, or
xviii.a vehicle or plant making contact with an energised source having
a voltage greater than 1,200 volts (other than testing equipment
applied to energised equipment in accordance with the WHS
Regulations)
An incident in relation to a workplace that exposes a worker or any other person to a serious risk to a
person’s health or safety emanating from an immediate or imminent exposure to:
Clause 179(a) Dangerous Incidents – exposure related

6. Notifiable – Prescribed
Dangerous incidents (cont.)
• a fire in the underground parts of a mine,
including where the fire is in the form of an
oxidation that releases heat and light,
• an electric shock to a person (other than a
shock from an extra low voltage source),
• the unintended overturning of any vehicle
or of plant weighing more than 1,000
kilograms,
• ejection of rock from blasting that falls
outside the blast exclusion zone (being the
area from which persons are excluded during
the blasting),
• a rock burst at an underground mine.
Clause 179 Dangerous Incidents –
not exposure related

7. Duties in regards to Notifiable Incident's
HOW
• Notice under this section must be given in accordance
with this section and by the fastest possible means.
• The notice must be given:
(a) by telephone, or
(b) in writing (online now)
Fastest Possible means is telephoning the
1300 814 609 number
• A person giving notice by telephone must:
(a) give the details of the incident requested by the
regulator, and
(b) give a written notice of the incident within 48
hours of giving the notice by telephone.
• A written notice must be in a form, or contain the
details, approved by the regulator – This is through
the Resources Regulator Portal
Section 15 Duty to notify of notifiable incidents
WHO
• A mine operator of a mine must ensure that
the regulator is notified immediately after
becoming aware that a notifiable incident
arising out of the conduct of any business or
undertaking at the mine has occurred.
• A PCBU at a mine site must ensure that the
regulator is notified immediately after
becoming aware that a notifiable incident
arising out of the conduct of the business or
undertaking at the mine site has occurred.
PCBU can be a contractor on a mine site
involved in the incident

8. Duties in regards to Notifiable Incident's
EXCEPTION
This does not prevent any action—
a) to assist an injured person, or
b) to remove a deceased person, or
c) that is essential to make the incident site safe or to
minimise the risk of a further notifiable incident, or
d) that is associated with a police investigation, or
e) for which an inspector or the regulator has given
permission.
Section 17 Duty to preserve incident sites
WHAT
• When a notifiable incident has occurred at a
mine site each of the following persons must
ensure, so far as is reasonably practicable,
that the incident site is not disturbed until
an inspector arrives at the incident site or any
earlier time that a government official directs—
• (a) any person who is required to ensure that
the regulator is notified of the notifiable
incident,
• (b) each person with management or control
of the incident site.

9. What to do (notifiable incident summary)
If there is a serious injury or illness, a
death or a dangerous incident, you must:
• provide first aid and make the area safe if
needed
• report the incident to us IMMEDIATELY
by calling 1300 814 609 (24 hours a day,
7 days a week).
• preserve the site where the incident
occurred until an inspector releases it
• log in to the Regulator Portal to access
the incident lodged by the Resources
Regulator and provide further information
if required.
Should you require a user account for the
portal or to add a mine you operate to your
existing user account then please submit
a request to add a PCBU or operator.

10. Incidents Other than Notifiable Incidents
These are incidents that;
• results in illness or injury that requires
medical treatment,
• medical treatment means medical treatment
within the meaning of the WHS Act and includes
the management or care of a patient including—
• the suturing of a wound,
• the treatment of fractures,
• the treatment of bruises by drainage of blood,
• the treatment of second and third degree burns,
but does not include diagnostic procedures,
observation, counselling, first aid or therapeutic
measures taken solely for preventative purposes.
OR
• is a high potential incident.
Clause 179 Incidents Other than Notifiable Incidents

11. Incidents Other than Notifiable Incidents - High Potential Incidents
i. an uncontrolled escape, spillage or leakage of a substance, or
ii. an uncontrolled implosion, explosion or fire, or
iii. an uncontrolled escape of gas or steam, or
iv. an uncontrolled escape of a pressurised substance, or
v. the fall or release from a height of any plant, substance or thing,
or
vi. the collapse or partial collapse of a structure, or
vii. the collapse, overturning, failure or malfunction of, or damage to,
any plant that is required to be authorised within the meaning of
Part 4 of the WHS Act, or
viii. the collapse or failure of an excavation or of any shoring
supporting an excavation, or
ix. the inrush of water, mud or gas in workings at an underground
excavation or tunnel, or
x. the unintended interruption of the main system of ventilation at an
underground excavation or tunnel, or
Are an event referred to in clause 179(a) that would have been a dangerous incident if a
person were reasonably in the vicinity at the time when the incident or event occurred and
in usual circumstances a person could have been in that vicinity at that time,
xi. the loss of control of heavy earthmoving machinery (including any
failure of braking or steering), or
xii. the unintended activation, movement, or failure to stop of vehicles or
machinery, or
xiii. a collision involving a vehicle or mobile plant, or
xiv. damage to, or failure of, any part of a powered winding system or a
shaft or shaft equipment, or
xv. damage to any plant or structure, or
xvi. a failure of ground, or of slope stability control measures, or
xvii. rock falls, instability of cliffs, steep slopes or natural dams, occurrence
of sinkholes, development of surface cracking or deformations or
release of gas at the surface, due to subsidence, or
xviii. a vehicle or plant making contact with an energised source having a
voltage greater than 1,200 volts (other than testing equipment applied
to energised equipment in accordance with the WHS Regulations)
Clause 128 Incidents Other than Notifiable Incidents

12. Incidents Other than Notifiable Incidents - High Potential Incidents (cont.)
• an unplanned fall of ground, roof or sides that impedes
passage, extends beyond the bolted zone or disrupts
production or ventilation,
• a failure of ground support where persons could potentially
have been present,
• the burial of machinery such that it cannot be recovered
under its own tractive effort,
• progressive pillar failure or creep,
• a sudden pillar collapse,
• a misfire or unplanned explosion of an explosive or
explosive precursor (but not in the case of a misfire at a
mine or petroleum site other than a coal mine if the misfired
explosive can be fired without any significant risk to a
person),
• an unplanned event that causes the emergency evacuation of
more than one person from the mine or part of the mine,
• an unplanned event that causes less than 2 exits from an
underground mine to be available for use,
Clause 128 Incidents Other than Notifiable Incidents

13. Incidents Other than Notifiable Incidents - High Potential Incidents (cont.)
• any indication from monitoring data of the development of subsidence which
may result in damage to any plant or structure or a failure of ground,
• an injury to a person (supported by a medical certificate) that results in or is
likely to result in the person being unfit, for a continuous period of at least 7
days, to perform the person’s usual activities at the person’s place of work,
• the illness of a person (supported by a medical certificate) that is related to
a work process and that results in or is likely to result in the person being unfit,
for a continuous period of at least 7 days, to perform the person’s usual
activities at the person’s place of work,
• the detection of an atmospheric concentration of respirable dust that
exceeds the level specified in clause 39(1)(a),
• the detection of an atmospheric concentration of crystalline silica that
exceeds the exposure standard specified in the Workplace Exposure
Standards for Airborne Contaminants,
• an uncontrolled fire on mobile plant that is in operation (whether operated
directly, remotely or autonomously),
• a loss of control of heavy earthmoving machinery that is operated remotely
or autonomously, including any failure of braking or steering,
Clause 128 Incidents Other than Notifiable Incidents

14. Duties in regards to
Incidents Other than Notifiable Incidents
HOW
The notification must—
a) be in writing, and
Example. The notice may be given by facsimile, email or
other electronic means.
This means the Resources Regulator Portal
a) be in a form required by the regulator, and
b) in the case of an incident that results in an illness or
injury, contain the details specified in Schedule 8.
Clause 128 Duty to notify of certain incidents
a) results in illness or injury that requires
medical treatment within the meaning of
clause 13 of Schedule 9, or
b) is a high potential incident.
The operator must ensure that the regulator is
notified as soon as reasonably practicable after
becoming aware of the incident, but no later than
the earlier of the following—
a) 7 days after becoming aware of the incident,
or
b) 48 hours after becoming aware that the
incident resulted in an illness or injury.
WHO
The operator of a mine must take all reasonable steps to ensure that the regulator is notified after becoming
aware of an incident (other than a notifiable incident) arising out of the carrying out of mining operations at
the mine but only if the incident

15. What to do
(incidents other
than notifiable
incidents summary)
If there is an incident that results in illness or injury that
requires medical treatment, other than diagnostic
procedures, observation, counselling, first aid or
therapeutic measures taken solely for preventative
purposes, you must:
• provide first aid and make the area safe if needed
• notify us as soon as reasonably practicable (but no
later than 48 hours) by completing the notify
Resources Regulator form on the Regulator Portal.
You are able to access this form at any time after you
have submitted it to add further information.
OR
If there is a high potential incident:
• provide first aid and make the area safe if needed
• notify us as soon as reasonably practicable (but no
later than 7 days) by completing the notify the
Resources Regulator form on the Regulator Portal.
You are able to access this form at any time after you
have submitted it to add further information.

16. Information needed for all incidents
What happened? Provide an overview of what happened.
Nominate the type of notifiable incident.
For example, was it death, serious injury or illness, or dangerous incident (as defined above)?
When did it happen? Supply the date and time of the incident
Where did it happen? Identify the address of the incident location.
Supply details to describe the specific location of the notifiable incident to help instructions about site disturbance.
For example, the section of the warehouse or the piece of equipment that the incident involved.
To whom did it happen? Supply the injured person’s name, salutation, date of birth, address, contact telephone number and occupation Include the
relationship of the injured person to the entity notifying.
Additional details about the
person
Add details about the injured person’s roster, travel hours, experience and training.
What happened? Provide a detailed description of the notifiable incident.
How and where is the injured
person being treated (if
applicable)?
Include:
• a description of serious injury or illness (i.e. nature of injury)
• initial treatment of serious injury or illness
• where the patient has been taken for treatment
Who is the person conducting
the business or undertaking
(there may be more than one)?
Include:
• legal and trading name
• business address (if different from the incident address), ABN/ACN and contact details including phone number and email.
What has/is being done? Explain the action taken, or intended to be taken, to prevent recurrence (if any).
Who is notifying? Supply:
• the notifier’s name, salutation, contact phone number and position at workplace.
• the name, phone number and position of the person to contact for further information (if different from the above).

17. Incident Ancillary Information
Additional information – known as an ancillary report –
must be submitted if there is a fire-related to mobile
plant
To complete this ancillary report log on to the Regulator
Portal and provide the information as an addition to the
original incident notification.
The information must be provided to us no later than 30
days after the incident was required to be notified to us.

18. Incidents Relating
to Explosives
A licence holder must immediately notify each relevant
authority if any explosive or explosive precursor in the
possession, custody or control of a licence holder:
(a) is lost,
(b) is stolen, or
(c) is the subject of an attempted theft or any other
suspicious incident that threatens the security of the
explosive or explosive precursor.
The relevant authority means
(a) Resources Regulator, and
(b) a police officer, and
(c) SafeWork NSW
Clause 102 Notification of loss or theft of explosives or explosive precursors

19. Incidents Relating to
Explosives (cont.)
A licence holder must give the regulatory authority
notice of any serious incident relating to the handling
of any explosives or explosive precursors to which the
licence relates.
A serious incident means:
• an uncontrolled explosion or fire, or
• an incident resulting in the death of, or serious
injury to, a person or substantial damage to
property, or
• any other incident involving risk of an uncontrolled
explosion or fire or of any such death, injury or
damage.
Clause 103 Notification of serious incidents involving explosives or
explosive precursors

20. Exercise
Are these events
reportable?
Are both of these truck rollovers
1. Reportable?
2. Is the top picture a dangerous
incident or a high potential
incident?
3. Is the bottom picture a dangerous
incident or a high potential
incident?

21. Driver was distracted and drove onto the
shoulder of the road at just outside of the
mine but within the private property. Trailer
tipped.
Mini Excavator 900kg mass rolled over
cleaning up small area near workshop (not
in NSW)
Exercise
Are these events reportable?
Are both of these plant rollovers
1. Reportable?
2. Is the top picture a dangerous
incident or a high potential incident?
3. Is the bottom picture a dangerous
incident or a high potential incident?

22. Exercise
Are these events reportable?
Are both of these collisions
1. Reportable?
2. Is the top picture a dangerous incident or a high
potential incident?
3. Is the bottom picture a dangerous incident or a
high potential incident?
Leaving the weighbridge a water truck has
contacted a redundant steel pole with the wing
mirror of the truck .
This has resulted in damage to the driver's side
door & side mirror.
The operator wasn't injured.
A truck was travelling on an access road within
the quarry, about 100m from the weighbridge.
The driver blacked out. The truck drove off the
roadway and collided with trees. The fuel tank
ruptured causing fuel to release.

23. Exercise
What is
reportable here?
Could there be
more than one
reportable
incident?

24. Exercise
Are these events reportable?
Worker injured by a falling 'wing' from a feed hopper on a mobile
impact crusher. The crusher was being packed up to float to
another location and when a hydraulic locking pin was released to
drop the wing, the worker was clipped by the wing. The worker was
taken to hospital, admitted and is suspected of suffering broken
collar bone.
Are both of these Injuries
1. Reportable?
2. Is the top picture a serious injury or a injury that
requires medical treatment (cl 13 Schedule 9)?
3. Is the top picture a serious injury or a injury that
requires medical treatment (cl 13 Schedule 9)?
Worker using a rattle gun to undo the bolt when the top
edge of the bolt has sliced into his middle finger on his left
hand. Worker received stiches from medical practitioner
from local doctors practice

25. Exercise
Are these events reportable?
Dust monitoring results Dusty work environment

27. Resources Regulator Portal –
https://nswresourcesregulator.service-now.com/regulator

28. Home PageHome button Search field Widget button Menu Items
Widgets

29. Widgets explained

30. Entering an incident

32. Incident Notifications under WHS (M&PS) Laws
2020 Small Mines Roadshow