When something goes seriously wrong on a worksite, the last thing you want is an additional legal headache — but that's exactly what happens if you don't report it to WorkSafe NZ in time. Under the Health and Safety at Work Act 2015 (HSWA), every PCBU (Person Conducting a Business or Undertaking) — that's you as a tradie business owner — has a legal duty to notify WorkSafe of certain incidents. Miss that window, and you're looking at fines of up to $50,000.
This guide covers exactly what counts as a notifiable event, how to report it, what to do with the worksite, and how to protect your business.
What Is a PCBU?
If you run a tradie business — whether you're a sole trader with one apprentice or a building company with a team of ten — you're a PCBU. Under HSWA, PCBUs have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and anyone else affected by the work. That includes clients, neighbours, and members of the public near your site.
Part of that duty is knowing when to report to WorkSafe.
What Is a Notifiable Event?
WorkSafe NZ defines three categories of notifiable events:
1. Notifiable Injuries or Illnesses
These are serious injuries or illnesses requiring immediate medical attention, including:
- Fractures (other than fingers, thumbs, or toes)
- Amputation of a body part
- Serious lacerations requiring surgery or extended hospital treatment
- Loss or serious damage to an eye
- Injuries requiring admission to hospital as an inpatient
- Serious burns covering more than 10% of the body surface, or affecting eyes, ears, genitalia, or major joints
- Acute illness caused by exposure to a hazardous substance, requiring medical treatment
A visit to A&E that doesn't result in hospital admission is not automatically notifiable — it's the severity that counts. But if in doubt, report it. WorkSafe won't penalise you for over-reporting.
2. Notifiable Incidents
A notifiable incident is an unplanned or uncontrolled event that exposes any person to a serious risk of injury or illness — even if nobody was actually hurt. This is where many tradie businesses come unstuck: the event still needs to be reported even if everyone walked away fine.
Examples relevant to NZ tradies include:
- A scaffold or temporary structure collapsing or failing
- An uncontrolled release of a gas, steam, or hazardous substance
- An item of plant collapsing, overturning, or malfunctioning (e.g., a crane, excavator arm, or elevated work platform)
- A person falling from height — whether or not they were injured
- An explosion, fire, or structural failure
If your scaffolding fell and everyone got lucky, you still need to call WorkSafe.
3. Notifiable Deaths
Any death at or caused by work must be reported immediately. There is no grey area here.
When Must You Notify?
You must notify WorkSafe as soon as possible after becoming aware of a notifiable event. For deaths and serious injuries, this means immediately — not the next morning, not after speaking to your lawyer.
WorkSafe's notification line operates 24 hours a day, 7 days a week:
0800 030 040
You can also notify online via WorkSafe's website, but for serious incidents, calling is faster and expected.
Preserving the Scene
Once a notifiable event occurs, you must preserve the scene until WorkSafe either:
- Gives you permission to disturb it, or
- 48 hours have passed since you notified them
The only exceptions are: - To assist an injured person - To make the site safe for others - To follow directions from Police or Fire and Emergency NZ
This means no cleaning up, no moving tools or equipment, no resuming work until you get the all-clear. Disturbing a notifiable scene without authorisation is a separate offence — fines of up to $10,000 for individuals.
Penalties for Getting It Wrong
Failure to notify WorkSafe of a notifiable event is a criminal offence under the HSWA. The penalties are substantial:
| Offence | Maximum Fine |
|---|---|
| Failure to notify (PCBU or officer) | $50,000 |
| Disturbing a notifiable scene without authorisation | $10,000 |
| Failure to keep required records | $2,000 |
WorkSafe doesn't always prosecute for a first offence if you've acted in good faith. But if there's a pattern of non-compliance, negligence played a role, or the event resulted in death, prosecution is very likely. The 2026 amendments to HSWA have also increased WorkSafe's enforcement resources — inspectors are more active on construction sites than they were two years ago. For a full breakdown of recent legislative changes, see our 2026 HSWA Amendment Bill guide for NZ tradies.
Record-Keeping Requirements
You must keep records of all notifiable events for at least 5 years. Each record should include:
- Date, time, and location of the event
- Names of workers and others involved
- A clear description of what happened
- Immediate steps taken after the event
- The WorkSafe notification reference number
Apps like Fastcrew let you log site incidents directly from your phone, attach photos, and store records securely — so if WorkSafe contacts you six months later, you've got everything ready. This kind of documentation trail is one of the most effective ways to demonstrate your good-faith safety management.
What Happens After You Notify?
Once you report, WorkSafe may:
- Take no further action — common for less serious notifiable incidents where you've responded correctly and the risk is controlled
- Request additional information — they'll contact you through their system
- Send an inspector to site — especially for deaths, hospitalisations, or incidents involving falls from height
- Launch a formal investigation — with access to your health and safety documentation, site records, subcontractor agreements, and worker interviews
Having your H&S documentation in order before anything goes wrong is essential. That means risk assessments, toolbox talk records, induction sign-offs, PPE logs, and site hazard registers. See our NZ Health & Safety Guide for Tradies for a full breakdown of what you should maintain on every job.
Near Misses: Not Required, But Recommended
WorkSafe doesn't require you to report near misses — events where no one was hurt and no serious risk materialised. But building a culture of near-miss reporting is one of the most effective safety practices you can adopt.
Every near miss is a warning. Log it, investigate what caused it, and act on it. Businesses that do this consistently have fewer serious incidents — and they also look a lot better to WorkSafe if an inspector does come knocking.
Subcontractors: Who Is Responsible?
If you're working on someone else's site as a subcontractor, you're still a PCBU — and you share overlapping duties with the principal contractor. In practice, the principal usually leads the WorkSafe notification. But if they fail to notify and you're aware of the incident, you can still be liable.
Always confirm that notification has been made, and keep your own record. For more on how contractor arrangements affect your legal responsibilities, see our subcontractor vs employee gateway test guide.
Quick Reference Checklist
- Serious injury or illness on site? → Call 0800 030 040 immediately
- Incident that could have caused serious harm? → Notify WorkSafe
- Preserve the scene for 48 hours or until WorkSafe clears it
- Document everything — names, times, reference number
- Keep all records for 5 years
- Subcontractors: confirm the principal has notified, and keep your own record
Download our free NZ tradie templates at tradietools.nz/templates/ — including a site incident log template formatted to WorkSafe's expectations, covering near misses, notifiable events, and corrective actions.
NZ Tradie Tools provides free calculators, templates and guides for New Zealand tradies. Visit tradietools.nz.