WorkSafe Notifiable Events: What You Must Report and When

A scaffold drops on a Saturday afternoon. The yard is empty, nobody is hurt, and by Monday morning the temptation is to bolt it back together and get on with the job. That instinct will land you in serious trouble. A scaffold collapse is a WorkSafe notifiable incident regardless of whether anyone was standing under it — and the duty to notify, preserve the scene, and keep records are three separate legal obligations, each one separately enforceable under the Health and Safety at Work Act 2015 (HSWA).

This article explains what triggers a notification, how long you have, and what to do in the first 30 minutes after an event.

What Counts as a Notifiable Event Under HSWA 2015

When you're doing the afternoon walk-around and something has gone wrong, you need to classify the event before you do anything else. HSWA 2015 gives three categories.

Death is straightforward. Any death at or from work is notifiable.

Notifiable injury or illness (s23) covers injuries and illnesses requiring admission to hospital for immediate treatment, serious lacerations, amputations, serious burns, serious head or eye injuries, spinal injuries, loss of bodily function, and serious infections attributable to work. It also captures illness requiring medical treatment within 48 hours of exposure to a substance. One failure mode worth flagging: an emergency department visit is not the same as a hospital admission. If the worker was seen and sent home, that alone does not trigger s23 — but when you're unsure, notify.

Notifiable incident (s24) is where most contractors miss the mark. This is an unplanned or uncontrolled incident that exposes any person to a serious risk from immediate or imminent hazard — structure collapse, scaffold collapse, uncontrolled escape of a substance, plant failure. The critical point: no injury is required. The exposure to risk is enough.

"Serious harm" was the old terminology under the HSE Act. It has been replaced by "notifiable event." If anyone on your team is still using that phrase as their mental threshold, update their understanding at the next toolbox talk.

Understanding PCBU duties on NZ construction sites

The Three Duties: Notify, Preserve, Record

At the moment you become aware of a notifiable event, three clocks start running — and they run independently.

Step 1: Notify WorkSafe as soon as possible — Call 0800 030 040 (24/7). "As soon as possible" is the standard set by s56. Do not wait until the site manager is back on site, do not wait for the principal's sign-off, and do not wait to decide whether it's "bad enough." If WorkSafe subsequently asks for written notice, you have 48 hours to provide it.

Step 2: Preserve the scene (s55/s56) — Do not disturb the incident site until a WorkSafe inspector says you can. There are three narrow exceptions: assisting an injured person, removing a further hazard, or making the area safe. Everything else — cleaning up, resetting plant, stripping fallen formwork — waits. Taking photos before anything is moved is good practice, but it does not substitute for scene preservation.

Step 3: Keep your records for five years (s57) — Records must be kept for at least five years from the date notification was given. This is not five years from the incident — it is five years from the date you notified the regulator. A SWMS, toolbox talk record, or incident log stored in a folder that gets archived at project close-out may not survive five years. Set a calendar reminder or store records in a system with a retention policy.

Treating notification as a single checkbox misses the fact that each of these duties is separately enforceable. Failing to notify is an offence carrying financial penalties for both the organisation and individuals involved.

Use this template when calling 0800 030 040:

WorkSafe notification call — working notes Date/time of event: [DATE, TIME] Site address: [FULL ADDRESS] My name and role: [NAME, ROLE e.g. Site Manager] PCBU name: [COMPANY NAME] What happened (brief factual description): [E.G. Scaffold bay on Level 3 collapsed inward, no personnel in the area at the time] Type of event (death / injury-illness / incident): [TYPE] Persons affected: [NUMBER AND STATUS — e.g. nil injuries, 2 workers assessed on site] Immediate actions taken: [E.G. Area cordoned, scaffold secured, plant isolated] WorkSafe reference number received: [TO BE COMPLETED DURING CALL]

The Classic Miss: Dangerous Incidents With No Injuries

During a busy commercial fit-out, a scaffold bay fails at end of day. The last trade left the floor 20 minutes earlier. The foreperson's first instinct is: "No one was hurt — we'll fix it tonight and it won't hold us up." That decision, made quietly at 5:30pm, is one of the most common notification failures in NZ construction.

The s24 threshold is exposure to serious risk, not injury. A scaffold collapse, a trench wall failure, an uncontrolled release of gas or chemical — these are notifiable regardless of occupancy. The question is not "was anyone hurt?" It is "was anyone exposed, or could anyone have been exposed, to serious risk?"

The second failure mode is deciding an event is "not that serious" and not documenting the reasoning. If you assess an incident and conclude it does not meet the threshold, write that assessment down: what happened, what you considered, why you concluded it was not notifiable. A documented decision that turns out to be wrong is a much better position than no record at all.

Assuming notification is an admission of fault is also a common concern, particularly when principals or clients are watching. It is not. A notification is a legal report. It does not carry any presumption of liability.

Site incident investigation process for NZ contractors

How This Works in Australia: Notifiable Incidents Under Model WHS

If your business operates across the Tasman, the obligations are structurally similar but the terminology differs. Under the Model WHS Act (ss35–38), the categories are death, serious injury or illness, and dangerous incident — that last term replacing "notifiable incident" from the NZ framework.

The key operational difference: Australian model law requires notification immediately, where NZ uses "as soon as possible." Written notice follows within 48 hours if the regulator requests it. Scene preservation applies under s39. Records are kept for five years from the date notification is made.

The 2025 Model WHS Legislation Amendment (Incident Notification 2025) adds three new categories: notifiable violent incidents, notifiable extended absences (where a worker is absent for 15 or more days due to a work-related injury or illness), and notifiable suicides (work-related suicide or attempted suicide). These are significant changes — but they only take effect once adopted into each jurisdiction's own WHS laws. Check with your local regulator before assuming they apply in your state or territory.

Victoria remains on the OHS Act 2004, not the Model WHS Act, so different rules apply there entirely.

Category NZ HSWA 2015 AU Model WHS Act Notes
Death Notifiable event Notifiable incident Same threshold
Serious injury/illness s23 — notifiable injury/illness s36 — serious injury/illness Similar categories
Incident with no injury s24 — notifiable incident s37 — dangerous incident Terminology differs
Notification timeframe As soon as possible Immediately AU is stricter on language
Written notice (if requested) 48 hours 48 hours Same
Records 5 years from notification 5 years from notification Same
2025 extended absence trigger Not applicable (NZ) 15+ days absent AU model law only

Frequently Asked Questions

Do I have to notify WorkSafe if a scaffold fell but nobody was hurt?

Yes. A scaffold collapse is a notifiable incident under s24 of HSWA 2015 because it exposes people to serious risk — the absence of injury does not change that. Call 0800 030 040 as soon as you become aware of the event, preserve the scene, and keep records for at least five years from the date you notified.

How long do I have to notify WorkSafe after an incident?

You must notify "as soon as possible" after becoming aware of the event (s56). There is no grace period. If WorkSafe subsequently requests written notice, you have 48 hours to provide that. Do not wait for the full picture before calling — notify, then gather further detail.

Can I clean up the site after an accident before WorkSafe arrives?

No, unless you need to assist an injured person, remove a further hazard, or make the area safe. Scene preservation is a separate legal duty under s55/s56. Disturbing the scene before a WorkSafe inspector clears it is an offence. Take photos immediately, cordon the area, and wait for clearance.

Does notifying WorkSafe mean I'm admitting fault?

No. A notification is a legal report, not an admission of liability. It is required regardless of who was responsible or whether any breach of duty occurred. Treating it as a fault admission is one of the reasons contractors delay — and the delay itself becomes a separate offence.

Key Takeaways

Three things to take back to site from this article:

  1. The three duties are separate. Notify (call 0800 030 040 as soon as possible), preserve the scene (do not disturb until an inspector clears it), and keep records for five years from the date of notification. Missing one while completing the others still leaves you exposed.

  2. No injury required. A scaffold collapse, trench failure, or uncontrolled substance release is notifiable under s24 even when the site was empty. The test is exposure to serious risk, not whether someone ended up in hospital.

  3. Document your assessment. If you conclude an event does not meet the notification threshold, write that reasoning down — what happened, what you considered, and why. An undocumented decision is the worst outcome if the call is later questioned.

For more on how to structure your on-site incident documentation and what a WorkSafe inspector will look for when they arrive, see What to do when WorkSafe visits your site.

NOTIFIABILITY DECISION LOGIC — HSWA 2015

Event occurs on site
│
├─► Was there a DEATH?
│     └─► YES → Notify immediately (s56) | Preserve scene | Record 5 yrs
│
├─► Was there a NOTIFIABLE INJURY OR ILLNESS? (s23)
│     ├─ Admitted to hospital for immediate treatment?
│     ├─ Serious laceration, amputation, burn, head/eye/spinal injury?
│     ├─ Loss of bodily function or serious infection attributable to work?
│     ├─ Medical treatment required within 48hrs of substance exposure?
│     └─► YES to any → Notify immediately (s56) | Preserve scene | Record 5 yrs
│
├─► Was there a NOTIFIABLE INCIDENT? (s24)
│     ├─ Unplanned/uncontrolled event?
│     ├─ Did it expose anyone to serious risk? (No injury required)
│     ├─ Examples: scaffold collapse, structure failure, substance escape
│     └─► YES → Notify immediately (s56) | Preserve scene | Record 5 yrs
│
└─► NONE OF THE ABOVE
      └─► Document your assessment and reasoning
          Keep the record in case the decision is questioned later