So, what’s the risk – Duty to Notify Notifiable Events

Blog Series – Section 56 – Duty to Notify Notifiable Events

In part six of this blog series, we continue our journey through the New Zealand Health and Safety at Work Act 2015 (HSWA), breaking it down section by section. Our aim is to provide plain-language insight into what each clause means for a PCBU (Person Conducting a Business or Undertaking – the technical term for a business or business owner) and to outline what it looks like to apply the duty in a real-world setting.

Today’s focus is Section 56 – the legal duty to notify WorkSafe of a notifiable event. This is a high-consequence area that comes with specific obligations, tight timeframes, and financial penalties for non-compliance. Yet, in practice, many businesses or business owners remain unsure about when and how to notify or who is responsible for making the call. So, what actually needs reporting? When? And what happens if you get it wrong?

So, what does the legislation say?

Section 56 of the HSWA states:

(1) A PCBU must, as soon as possible after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event.

(2) A notification under subsection (1)—
(a) may be given by telephone or in writing (including by email, or other electronic means); and
(b) must be given by the fastest possible means in the circumstances.

(3) For the purposes of subsection (2), 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 being informed of the requirement.

(4) Notice given in writing under subsection (2) or (3) must be in a form, or contain the details, approved by the regulator.

(5) If the regulator receives notice by telephone and a written notice is not required, the regulator must give the PCBU—
(a) details of the information received; or
(b) an acknowledgement of having received notice.

(6) A person who contravenes subsection (1) commits an offence and is liable on conviction,—
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.

Note: A notifiable event is defined under Section 25 of the HSWA and includes:

• the death of a person
• a notifiable injury or illness (as defined in Section 23 and Schedule 1)
• a notifiable incident (as defined in Section 24 and Schedule 1)

So, what does it mean to a business owner or H&S manager?

Section 56 imposes a clear and time-sensitive duty. If your work causes or has the potential to cause a serious incident, you must notify WorkSafe. The obligation is on the businesses or business owner, not the injured person or an insurance provider.

This means you need a system that can:

– Identify notifiable events clearly and quickly
– Trigger escalation without delay
– Ensure the person notifying has the right information
– Record and retain the details for audit and legal purposes

This duty applies regardless of fault. Notification is not an admission of liability; it is a legal requirement to report serious health and safety incidents or risks. Even if you’re unsure and seek legal advice first, the clock is ticking.

So, what does this look like in reality?

How Section 56 plays out in practice will vary by business type, but every business should have a notification pathway built into its incident response system. That includes:

– Training supervisors to recognise and escalate potential notifiable events
– Maintaining up-to-date contact details for WorkSafe, including after-hours
– Documenting each decision made around notification, including rationale if you decide not to notify
– Reviewing notification procedures regularly to reflect any operational changes

In real terms, notification might look like:

– A phone call to WorkSafe immediately after a serious injury
– Submission of a written follow-up within 48 hours if requested
– Site preservation as per Section 55, unless it is unsafe or interferes with emergency response
– A formal log of the event, the person who notified, and WorkSafe’s acknowledgement (if applicable)

Some practical examples include:

– A worker loses a finger in a press → Notify

– A scaffold collapses with no injuries, but people were nearby → Notify

– A delivery driver slips and breaks a hip onsite → Notify

– A minor fall with no medical treatment required → ❌ Not notifiable

– A fire alarm activation with no damage or injury → ❌ Not notifiable, unless it exposed people to serious risk

If there is uncertainty, the default should be to escalate for decision-making, ideally before a regulator calls you.

So, what’s the risk?

Failure to comply with Section 56 is an offence. The penalties are:

– Up to $10,000 for an individual
– Up to $50,000 for a business

But the risk extends beyond fines. Delayed or absent notification can:

– Undermine your credibility with WorkSafe
– Trigger enforcement scrutiny
– Erode trust within your internal safety system
– Compromise evidence if the scene is disturbed without proper process

Timely notification signals that your business understands its duties and that your safety systems work under pressure.

The Safety Lab helps businesses build clarity and confidence around incident management. From notification readiness reviews to incident triage tools and internal escalation procedures, we can support your team in meeting Section 56 requirements without delay or confusion.

Get in touch if you want to tighten up your serious incident response systems so you know exactly what to do when it matters most.