38Duty to notify of notifiable incidents

38 Duty to notify of notifiable incidents (1) A person who conducts a business or undertaking 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 has occurred. (2) The notice must be given in accordance with this section and by the fastest possible means. (3) The notice must be given: (a) by telephone; or (b) in writing. Example for subsection (3) The written notice can be given by facsimile, email or other electronic means. (4) A person giving notice by telephone must: (a) give the details of the incident requested by the regulator; and (b) if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made. (5) A written notice must be in a form, or contain the details, approved by the regulator. (6) If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking: (a) details of the information received; or (b) an acknowledgement of receiving the notice. Work Health and Safety (National Uniform Legislation) Act 2011 30 (7) A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section. Note for subsection (7)