15Notifying accidents and dangerous occurrences

15  Notifying accidents and dangerous occurrences

 (1) For the purposes of subsection 33(1) of the Act, the requirements in this section are prescribed in relation to a notice of an incident required to be given under subsection 107(1) of the Act.

Form of notification

 (2) A notice given by an operator in accordance with subsection 107(1) of the Act must:

 (b) identify the workplace and the operator of the workplace; and

 (c) specify the time of the incident; and

 (d) identify the location of the workplace at that time; and

 (e) describe the incident.

 (3) The notice may set out any other matters the operator considers relevant.

Manner of giving notification

 (4) The notice must be given to the Inspectorate by one of the following means:

 (a) sending an email to the email address specified for this purpose on the Inspectorate’s website;

 (b) another electronic means specified for this purpose on the Inspectorate’s website.

Note: Sending a notice by post is not a permitted means to give the notice.

Offence—failure to notify of an accident or dangerous occurrence

 (5) An operator must give notice of an incident in accordance with subsection 107(1) of the Act and this section to the Inspectorate within 4 hours of becoming aware of the incident.

Defence—notice given as soon as reasonably practicable

 (6) Subsection (5) does not apply if:

 (a) it was not reasonably practicable for the operator to give the notice to the Inspectorate within 4 hours of becoming aware of the incident; and

 (b) the operator gives the notice to the Inspectorate as soon as reasonably practicable.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6) (see subsection 13.3(3) of the Criminal Code).