WorkSafe Notifications In New Zealand: When To Notify And What To Include

If you run a small business, a serious incident at work is one of those “I hope it never happens” moments. But when it does, the legal steps you take in the first hour matter - not just for compliance, but for your people and your business.

One of the most important steps is making a WorkSafe notification. In New Zealand, certain workplace events must be notified to WorkSafe as soon as possible, and there are also rules about what you can (and can’t) do at the site afterwards.

In this guide, we’ll walk you through what a WorkSafe notification is, when you need to notify, what information to include, and the practical “next steps” to help you stay compliant under the Health and Safety at Work Act 2015 (HSWA).

What Is A WorkSafe Notification (And Why Does It Matter)?

A WorkSafe notification is the process of formally telling WorkSafe New Zealand that a serious workplace event has happened that meets the legal threshold of a notifiable event.

Under the HSWA, a business or undertaking (called a PCBU, which includes most employers and many self-employed business owners) must notify WorkSafe when a notifiable event occurs. Generally, notifiable events fall into three buckets:

• Notifiable injury or illness (serious harm-type injuries/illnesses defined by the Act)
• Notifiable incident (a serious near-miss that exposes someone to serious risk)
• Notifiable event involving death

This isn’t just a paperwork requirement. Notifying WorkSafe:

• helps WorkSafe decide whether they need to attend and investigate
• creates a formal record of what occurred and when you reported it
• reduces the risk of a “second problem” - like allegations that you tried to cover up an incident

It’s also worth remembering that health and safety duties don’t only sit with “big companies”. Even if you’re a small team, you still have a primary duty to keep people safe (including contractors, volunteers, and visitors) - which ties into broader duty of care obligations.

When Must You Notify WorkSafe? (Notifiable Events Explained)

The key question most business owners ask is: “Does this incident trigger a WorkSafe notification?”

The legal trigger is whether the event meets the HSWA definition of a notifiable event. Below is a practical breakdown to help you spot when notification is required.

1) Notifiable Injury Or Illness

You generally need to notify WorkSafe if someone suffers a serious injury or illness connected to work. The HSWA includes specific categories (rather than a vague “seriousness” test), and examples commonly include:

• someone being admitted to hospital for immediate treatment (not just observation)
• serious head injuries, serious eye injuries, or serious burns
• amputation
• spinal injuries
• loss of bodily function
• serious lacerations
• serious infections or illnesses caused by exposure at work (depending on circumstances)

It can get tricky in borderline cases (for example, an injury that looks minor initially but later needs surgery). When in doubt, it’s often safer to get advice quickly and document your decision-making.

2) Notifiable Incident (Serious Near-Miss)

A notifiable incident is essentially a serious near-miss - an unplanned event connected to work that exposes a person to a serious risk, even if nobody is actually injured.

Examples can include:

• a person narrowly avoiding being hit by a falling object
• a forklift or vehicle collision in a work area that could have caused serious harm
• an uncontrolled fire, explosion, or serious electrical event
• a structural collapse (even partial) in a workplace
• a dangerous spill or release of a hazardous substance

Near-miss reporting is one of the most overlooked parts of compliance for small businesses - but it’s also one of the biggest opportunities to prevent a future injury.

3) Death

If a person dies as a result of a workplace event (including while receiving treatment), WorkSafe must be notified.

Does It Count If The Person Isn’t Your Employee?

Yes - it can. Your health and safety duties can extend to:

• contractors and subcontractors
• labour hire workers
• customers or visitors in your workplace
• members of the public affected by your work activity

This is why having clear contractor arrangements and site rules matters. If you regularly engage contractors, it’s worth getting the relationship set up properly using a tailored Contractor Agreement and aligning it with your safety systems (because your safety duties can’t be “contracted out”).

What To Do Immediately After A Notifiable Event

Once a serious incident happens, it’s normal for things to feel chaotic. The good news is you can follow a simple order of operations that protects people first and keeps your legal risk under control.

Step 1: Make The Scene Safe And Help Anyone Who’s Hurt

Your first priority is always to:

• provide first aid and call emergency services if needed
• remove people from immediate danger
• control hazards to prevent another injury (for example, isolating power, stopping machinery, closing an area)

If the incident is likely notifiable, start documenting early (who, what, when, where), but don’t let documentation delay medical help.

Step 2: Notify WorkSafe As Soon As Possible

The HSWA requires you to notify WorkSafe as soon as possible after becoming aware a notifiable event has occurred.

In practice, this usually means:

• initial notification immediately by the fastest available means (often by phone), and
• follow-up written notification as soon as practicable, using WorkSafe’s required channel or form.

If you’re uncertain whether it’s notifiable but there’s a real risk it might be, it’s often better to treat it seriously, get advice, and keep good records.

Step 3: Preserve The Site (Don’t “Clean Up” Too Early)

This is a major trap for small businesses.

If it’s a notifiable event, the HSWA requires you to preserve the site - meaning you generally must not disturb the area where the incident occurred.

You can disturb the site only for limited reasons, such as:

• helping an injured person
• removing a deceased person
• making the site safe or preventing another incident
• where WorkSafe authorises you to do so

From a practical perspective, this can mean: take photos, keep equipment in place, and restrict access. If you run a customer-facing premises (like a retail shop, cafe, workshop, or salon), you may need to close off the area and communicate clearly with customers and staff while you manage the situation.

Step 4: Start Your Internal Incident Process

After the immediate response, you’ll want to move into your internal management process. Many businesses bake this into a policy framework or handbook so supervisors aren’t making it up on the spot. This is where a tailored Workplace Policy and/or Staff Handbook can be genuinely useful - not as “legal fluff”, but as a real-world playbook when something goes wrong.

What Information Should You Include In A WorkSafe Notification?

A WorkSafe notification should give WorkSafe enough information to understand:

• what happened
• where and when it happened
• who was involved
• what immediate steps you’ve taken
• what risks still exist (if any)

While WorkSafe’s forms and channels guide the process, it helps to think of your notification as answering the questions below.

The Essentials (What You Should Be Ready To Provide)

• Business details: legal name of the PCBU, NZBN (if relevant), address, and the best contact person
• Location of the incident: exact site address and any access notes
• Date and time: when the event occurred and when you became aware of it
• Type of event: notifiable injury/illness, notifiable incident (near-miss), or death
• Description of what happened: a factual summary (avoid speculation or blame)
• People affected: number of people involved and their connection to your business (worker, contractor, visitor, customer)
• Injuries or treatment: nature of injury/illness and what treatment was required (for example, ambulance transfer, hospital admission)
• Immediate actions taken: first aid, emergency response, isolating hazards, stopping equipment
• Current status: whether work has stopped, whether the area is secured, and whether hazards remain

Tips To Avoid Problems When Describing The Incident

In the stress of an incident, it’s easy to say too much (or the wrong thing). A few practical tips:

• Stick to facts (what you saw, what you know, what was observed).
• Avoid guessing about the cause in the notification - your investigation comes later.
• Record who is providing information and where it came from (especially if you weren’t physically present).
• Be consistent across your notification, internal notes, and any insurer/ACC communications.

Privacy And Sensitive Information

You may need to provide personal information about an injured person, and you’ll likely collect incident statements and medical details internally.

Even when you’re meeting health and safety obligations, you should still handle personal information carefully under the Privacy Act 2020. As a general rule:

• collect only what you need for the purpose (incident response, safety duties, employment management)
• store it securely and limit internal access
• be cautious about sharing details widely (for example, in staff group chats)

For many businesses, this is covered through internal privacy processes and workplace rules (particularly where you have CCTV footage, witness statements, or health information). If you want to formalise this, an Employee Privacy Handbook can help set clear expectations and reduce “panic decisions” after an incident.

Common WorkSafe Notification Scenarios For Small Businesses

Notifiable events don’t only happen on construction sites. Here are some real-world examples that often affect small businesses.

Retail And Hospitality

• A customer slips, falls, and suffers a serious injury requiring immediate hospital treatment.
• A serious electrical incident in a back-of-house area creates a significant risk to workers.
• A worker is badly burned in a kitchen and is admitted to hospital for immediate treatment.

Trades, Construction, And Manufacturing

• A fall from height (even if the person is “okay” initially, it may still be notifiable depending on treatment and seriousness).
• A trench collapse or partial structural collapse.
• Machinery entanglement or crush injury.
• A near-miss involving a suspended load or falling object that could have caused serious harm.

Office-Based Businesses

Even “low risk” environments can involve notifiable events. For example:

• a worker suffers a serious medical event linked to work conditions (this can be complex and fact-specific)
• a serious incident during a work event or offsite meeting

Mobile Businesses And Working From Home

If your team works remotely or travels for work, your health and safety duties don’t disappear - they just look different. An incident at a client site, in a vehicle, or while working from home may still create notification obligations depending on the facts.

This is one reason many businesses build remote work expectations into their contracts and policies, including Working From Home arrangements.

Common Mistakes To Avoid (And How To Build Better Processes)

Most WorkSafe notification problems aren’t caused by bad intentions - they’re caused by uncertainty and lack of a process. Here are common mistakes we see small businesses make, and how you can avoid them.

Mistake 1: Waiting Too Long To Notify

The HSWA requires notification as soon as possible. If you delay because you’re “not sure it counts”, you risk non-compliance.

What to do instead:

• treat potentially serious events as urgent
• escalate internally to one nominated person (owner/manager/H&S lead)
• document the decision you made and why

Mistake 2: Disturbing The Incident Site

Cleaning up quickly is an understandable instinct - especially if you’re customer-facing. But preserving the site after a notifiable event is a legal requirement (with limited exceptions).

What to do instead:

• cordon off the area
• take photos/video early
• only move items if required for safety or to help someone

Mistake 3: Mixing Up Employment Management With Safety Reporting

Sometimes incidents raise performance or misconduct issues (for example, a worker ignoring safety instructions). It’s important not to “jump the gun” with discipline while the facts are still being established.

What to do instead:

• follow a fair and documented process
• separate the immediate incident response from any later employment steps
• make sure your expectations and safety rules are actually written down, ideally in your Employment Contract and internal policies

Mistake 4: Unclear Responsibilities When Using Contractors

If you rely on contractors (for deliveries, installs, maintenance, job sites, labour hire, or specialist work), confusion about “who notifies” can lead to nobody notifying.

What to do instead:

• confirm in writing who is responsible for what reporting, site control, and cooperation
• align your contractor paperwork with your safety procedures
• make sure the contractor relationship is properly documented, not just agreed over text

This is especially important where your workforce is a mix of employees and contractors - if that’s your setup, it’s worth getting tailored Employee/Contractor Advice so your legal foundations match how you actually operate day-to-day.

Key Takeaways

• A WorkSafe notification is required when a notifiable event occurs under the Health and Safety at Work Act 2015.
• Notifiable events generally include death, notifiable injury or illness (serious harm-type categories), and notifiable incidents (serious near-misses).
• You must notify WorkSafe as soon as possible after becoming aware of a notifiable event, typically by the fastest means available, and follow up in writing as required by WorkSafe.
• After a notifiable event, you generally must preserve the site and avoid disturbing it except to help someone, make the area safe, or as authorised.
• Your notification should be factual and include the key details: what happened, when and where it happened, who was involved, injuries/treatment, and immediate actions taken.
• Small businesses should build a clear internal process (policies, roles, and reporting steps) so supervisors aren’t improvising under pressure.

If you’d like help reviewing your workplace policies, contractor arrangements, or employment documents so you’re protected from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.