Section 24 of the Occupational Health and Safety Act refers to certain incidents occurring at the workplace, or in connection with the use of machinery whereby a person dies or is injured to be extent where he is likely to die or could have resulted in a major incident. Such incidents should be reported to the Provincial Director on a WCL 1 (Disease) or WCL 2 (Accident / injury) form within seven days by the employer.
Certain other types of incidents must be reported to the Provincial Director telephonically, facsimile or similar means of communication and these types of incidents are as follows—
- Where a person, as a result of the incident;
- Becomes unconscious;
- Suffers the loss of a limb or part thereof;
- Is injured to the extent that he is likely to die;
- Is injured to the extent that he is likely to be permanently disabled;
- Is injured to the extent that he is likely to be off for a period of 14 days or more;
- Cannot perform his normal duties (those duties for which he was employed).
- An incident of major consequence arising out of the use of industrial equipment or machinery or industrial practices at a workplace.
- The health and safety of any person is endangered and where –
- A dangerous substance was spilled;
- The uncontrolled release of any substance under pressure (pressure greater than 1 atmosphere) took place;
- Machinery or any part thereof fractured or failed, resulting in flying, falling or uncontrolled moving objects; or
- Machines, which ran out of control.
These incidents should also be recorded and investigated in accordance to Regulation 8 of the General Administrative Regulations.
All employers must report any accidents that result in medical expenses and/or a worker’s absence from work for longer than 3 days by submitting the required documents to the Compensation Fund within 7 days.
Employers who delay in reporting an accident are guilty of a criminal offence, and will have to pay a penalty.