What counts as reportable
The WSH (Incident Reporting) Regulations cover four kinds of event. An accident that kills someone. A dangerous occurrence. An accident that injures an employee badly enough. An occupational disease.
An accident here means an unintended event that injures someone. Three cases are left out: injury while commuting in transport the employer provides, injury caused by the person's own driving on a public road at work, and injury to a domestic worker.
Dangerous occurrences are listed in Schedule 2 of the Act. They count even when nobody is hurt. Examples from the list:
- A crane, hoist, winch or piling frame collapses or fails, or a crane overturns.
- Formwork or its supports fail or collapse.
- A scaffold over 15 metres high collapses, or a suspended or hanging scaffold collapses where someone could fall more than 2 metres.
- A boiler or pressure receiver explodes or fails.
- An electrical short circuit or failure causes fire or explosion and puts the plant out of use for 5 hours or more.
Report an employee injury when a doctor gives more than 3 consecutive days of sick leave for it, or the employee is admitted to hospital for at least 24 hours for observation or treatment. Source: WSH (Incident Reporting) Regulations, reg 5.
Who reports
The duty depends on who was hurt and what happened.
If a sub-contractor's worker is hurt on your site, their employer holds the duty for that worker. As principal or occupier, agree in advance who files and check that it is done.
- Employer: death of its own employee, reportable injuries to its employees, and occupational disease once it receives a doctor's written diagnosis.
- Occupier of the workplace: death of a visitor or self-employed person, every dangerous occurrence, and a visitor or self-employed person taken to hospital after an accident.
- Registered doctor: any employee they diagnose with an occupational disease.
How fast
There are two steps for the most serious events. First a quick notification. Then a written report.
- Death: notify SHENA as soon as reasonably practicable. Submit the report no later than 10 days after the accident.
- Dangerous occurrence: notify as soon as reasonably practicable. Report within 10 days.
- Reportable injury: report within 10 days of the accident.
- Injured employee later dies: notify SHENA of the death as soon as reasonably practicable.
- Visitor or self-employed person taken to hospital: notify as soon as reasonably practicable.
- Occupational disease: employer reports within 10 days of getting the written diagnosis.
Notify first with what you know. The written report is where the cause and your actions go. Ten days goes fast when witnesses are on rotation.
Where and how to report
SHENA sets the form and manner of reporting. It runs an online Initial Incident Notification form. You can also call the 24/7 incident duty phone on +673 733 2200 or email iin@shena.gov.bn.
The online form asks for the type of event, its location, date and time, and the company's business activity. It asks for the reporter's details and details of each person involved, up to five. You describe what happened and can upload photos or documents.
Have the injured person's IC or passport number and contact details ready. The form needs them.
The first hour
Work through these steps in order. Rescue and first aid always come first.
- Make the area safe. Stop the work and isolate power or machinery.
- Give first aid and call an ambulance if needed.
- Cordon off the scene. Move things only to save life or prevent more harm.
- Photograph the scene, equipment and conditions before anything changes.
- Write down the names and phone numbers of witnesses.
- Decide whether it is a death, dangerous occurrence or possible reportable injury. If so, call the duty line or file the online form.
- Tell your WSH officer and committee chairman, and the injured worker's employer if they work for a contractor.
Protect the scene
After a fatal accident, a dangerous occurrence or an occupational disease case, nobody may alter, remove or add to machinery or equipment that may have contributed. Nobody may modify the scene. Both need SHENA's consent first. The occupier must take reasonable steps to stop others doing it.
The law presumes the occupier made any change, unless proved otherwise. Rescue work and work needed to keep people and property safe are allowed.
Where your site has a WSH committee, the occupier must arrange for it to inspect the workplace right after an accident or dangerous occurrence. A WSH officer, if appointed, must investigate at once and report findings to the committee chairman.
Changing the scene or the equipment without consent can lead to a fine of up to BND 10,000, a year in jail, or both. Source: WSH Act, s 25; committee inspection and officer investigation: WSH (WSH Committees) Regulations, reg 12.
What to keep afterwards
Keep a record of every notification and report you make. Hold it for 3 years and give SHENA extracts when asked.
An injury from a workplace hazard also triggers a review of your risk assessment. Review and revise it, record the new controls and tell the people affected.
- Copy of each notification and written report, with the date sent.
- Photos, witness notes, permits and the risk assessment for the task.
- First-aid treatment records, which the occupier keeps for at least 5 years.
- The revised risk assessment and the actions taken.
Risk assessments must be reviewed and revised when someone is injured by a workplace hazard. Source: WSH (Risk Management) Regulations, reg 7. First-aid records: WSH (First-Aid) Regulations, reg 5.
Penalties for not reporting
Failing to notify, report or keep records is an offence for the employer or occupier. A first offence carries a fine of up to BND 5,000. A second or later offence carries up to BND 10,000, up to 6 months in jail, or both.
Knowingly making a false notification or report is a separate offence. It carries up to BND 5,000, up to 6 months in jail, or both.
Counting sick leave days loosely. The test is more than 3 consecutive days given by a registered doctor for that injury. Track the medical certificates so you do not miss the 10-day deadline.
Sources
- Workplace Safety and Health (Incident Reporting) Regulations, Revised Edition 2024, SHENA.
- Workplace Safety and Health Act (Chapter 277), Revised Edition 2024, SHENA.
- Initial Incident Notification (IIN) form, SHENA.
- Workplace Safety and Health (Risk Management) Regulations, Revised Edition 2024, SHENA.
- Workplace Safety and Health (Workplace Safety and Health Committees) Regulations, SHENA.
- Workplace Safety and Health (First-Aid) Regulations, SHENA.
This is practical guidance, not legal advice. Laws and codes of practice change; always check the current official text and your site's own procedures.
