What situation is considered an imminent hazard and must be reported to the regulatory authority?

Table of Contents Show

Notifiable incidents
When there’s an incident
Reporting an incident to the WHS regulator
Supporting information
Approved provider reporting requirements about children in education and care services
Serious incidents
Any circumstances that pose a risk to the health, safety or wellbeing of a child
Prescribed matters - physical and/or sexual abuse of a child
Sexualised behaviour involving children
Resources on identifying and responding to sexualised behaviour in children
Reporting requirements under other laws – child protection
Child protection awareness and training obligations

Call (800) 321-OSHA immediately to report imminent dangers

Definition. Section 13(a) of the Act defines imminent danger as "... any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act."

Requirements. The following conditions must be met before a hazard becomes an imminent danger:

There must be a threat of death or serious physical harm. "Serious physical harm" means that a part of the body is damaged so severely that it cannot be used or cannot be used very well.
For a health hazard there must be a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency. The harm caused by the health hazard does not have to happen immediately.
The threat must be immediate or imminent. This means that you must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate the problem.
If an OSHA inspector believes that an imminent danger exists, the inspector must inform affected employees and the employer that he is recommending that OSHA take steps to stop the imminent danger.
OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger.

Persons conducting a business or undertaking (PCBUs) must notify their WHS regulator when serious injuries, illnesses and dangerous incidents happen at work. These are referred to as ‘notifiable incidents’.

Notifying the WHS regulator of these serious events can help identify the cause and prevent it happening again at your workplace and other workplaces.

It is also the law to report notifiable incidents.

Notifiable incidents

A ‘notifiable incident’ is:

the death of a person
a ‘serious injury or illness’, or
a ‘dangerous incident’ that exposes someone to a serious risk, even if no one is injured.

‘Notifiable incidents’ may relate to any person—whether an employee, contractor or member of the public.

The incident notification information sheet has more information on what type of injuries, illness and incidents need to be reported.

When there’s an incident

If a notifiable incident occurs, you must:

report it to the regulator immediately, and
preserve the incident site until an inspector arrives or directs otherwise. This doesn’t prevent you helping an injured person or make the site safe.

Call 000 if there is an immediate risk to life.

Reporting an incident to the WHS regulator

Notifications need to be made directly to state, territory or Commonwealth WHS regulators. Contact your WHS regulator for advice on how to make a notification.

The Incident notification information sheet provides information on the incidents that need to be reported to the WHS regulator.

Supporting information

The FDA Food Code definition states that an "Imminent Health Hazard" exists if a product, practice, circumstance, or event requires immediate corrective action or cessation of operation to prevent injury. However, there is confusion about the status of the product, practice, circumstance, or event once the immediate corrective action is taken. Immediate corrective action is intended to prevent, eliminate or control the risk so that there is no health hazard. Therefore, if immediate corrective action is taken, there is no "Imminent Health Hazard."

Further, the FDA Food Code Section 8-404.11 states that if an "Imminent Health Hazard" may exist, then the permit holder must immediately discontinue operations. As written, even if immediate corrective action is taken, the operation must cease operation. In fact, if immediate corrective action is needed, then the facility must cease operation because by definition an "Imminent Health Hazard" exists. In reality, facilities are permitted to continue operations if corrective action has eliminated, controlled or prevented the risk to public health. A simple example is the use of a generator. If electrical power is interrupted, a facility may use a generator to ensure safe food temperatures are maintained. However, the Food Code could be interpreted to mean that in this situation, the facility must cease operations because the loss of power created an "Imminent Health Hazard" by the mere fact that the generator was used as a corrective action.

The CFP Emergency Action Plan (EAP) Committee was charged with reviewing and updating the CFP Emergency Action Plan for Retail Food Establishments. During the EAP Committee's deliberation, there was discussion about the confusion and seemingly contradictory definition of an "Imminent Health Hazard." A possible change to the Food Code was proposed, but because modifying this definition was not a charge of the EAP Committee, it was agreed that an interested person could submit this as a separate Issue.

The current CFP Emergency Action Plan for Retail Food Establishments and the proposed, revised Emergency Guidance for Retail Food Establishments include recommendations for corrective action steps that can be taken to ensure a safe food operation even when emergencies occur. The current definition of Imminent Health Hazard and Section 8-404.11 of the Food Code are incongruous because they require the facility to cease operation regardless of any corrective action taken to resolve the emergency.

The recommended solution does not alter existing requirements for reporting to Regulatory Authorities when certain emergency situations occur, nor does it change the requirement that when required to cease operations, a permit holder must obtain permission from the Regulatory Authority to resume operations.

PUBLIC HEALTH HAZARDS

14-4.20 Definition of imminent health hazard.

(a) An imminent health hazard is any violation, combination of violations, condition, or combination of conditions making it probable that the food or drink served to the public by the establishment or its continued operation can injure the health of the consumer or the public.

(b) Any of the following violations are imminent health hazards against the public interest which require the permit-issuing official or his designated representative to order the establishment closed and all service of food stopped immediately if not corrected at the time of the inspection while the permit-issuing official or representative of the permit-issuing official is present:

(1) food is present from an unapproved or unknown source or which is or may be adulterated, contaminated, or otherwise unfit for human consumption;

(2) potentially hazardous food is held for a period of time longer than that necessary for preparation or service at a temperature greater than 45 degrees F (7.2 degrees C) or less than 140 degrees F (60 degrees C);

(3) potentially hazardous food which has been served to another consumer or which has been exposed to other contamination is served again;

(4) toxic items are improperly stored or used;

(5) persons with disease or infection which can be transmitted by food or drink are engaged in preparing, handling, serving or otherwise contaminating food at the food service operation;

(6) the potable water is not in conformance with the requirements of Part 5 of this Title, and it reasonably appears to the permit-issuing official or his designated representative that it can result in an imminent health hazard;

(7) any cross-connection or other fault in the potable water system may permit contamination of the potable water supply, and it reasonably appears to the permit-issuing official or his designated representative that it can result in an imminent health hazard; or

(8) sewage or liquid waste is not disposed of in a sanitary manner acceptable to the permit-issuing official.

On this page you will find guidance on:

Approved provider reporting requirements about children in education and care services

Under the National Law and Regulations, the approved provider must notify the regulatory authority of any:

serious incidents
complaints
circumstances at the service which pose a risk to the health, safety or wellbeing of children
any incident or allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by the service.

Related requirements to have and to follow policies and procedures, and keep related records continue.

There are also other reporting requirements under different state and territory laws, e.g. child protection laws.

Serious incidents

You must notify the regulatory authority within 24 hours of becoming aware of a serious incident (Section 174(2)(a) and Regulation 176(2)(a).

A serious incident (regulation 12) is defined as any of the following:

the death of a child while being educated and cared for by the service or following an incident while being educated and cared for by the service
any incident involving a serious injury or trauma to a child while that child is being educated and cared for, which:
- a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
- the child attended or ought reasonably to have attended a hospital e.g. broken limb*
- any incident involving serious illness of a child while that child is being educated and cared for by a service for which the child attended, or ought reasonably to have attended, a hospital e.g. severe asthma attack, seizure or anaphylaxis*
  NOTE: In some cases (for example rural and remote locations) a General Practitioner conducts consultations from the hospital site. Only treatment related to serious injury, illness or trauma is required to be notified, not other health matters.
any emergency for which emergency services attended
NOTE: This means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at an education and care service. It does not mean an incident where emergency services attended as a precaution.
a child appears to be missing or cannot be accounted for at the service
a child appears to have been taken or removed from the service in a manner that contravenes the National Regulations
a child is mistakenly locked in or locked out of the service premises or any part of the premises.

Notify the regulatory authority of serious incidents online through the NQA IT System. You can download the incident, injury, trauma and illness record template to record any supporting evidence or other (non-serious) incidents.

Complaints

You must notify the regulatory authority within 24 hours of any complaint alleging that a serious incident has occurred while the child is educated and cared for or complaints alleging that the Law has been contravened (Section 174(2)(b)).

Under the National Regulations, policies and procedures must be in place for dealing with complaints. The name and telephone number of the person to whom complaints can be made must be clearly visible at the service (Regulation 168(2)(o) and Regulation 173(2)(b)).

Download an information sheet on using complaints and grievances to support continuous improvement.

Any circumstances that pose a risk to the health, safety or wellbeing of a child

You must notify the regulatory authority within 7 days of becoming aware of a circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child (Regulation 175(2)(c), Regulation 176(2)(c)).

Prescribed matters - physical and/or sexual abuse of a child

As an approved provider you must notify the regulatory authority of certain matters occurring while a child or children are being educated and cared for by the service.

From 1 October this must include:

any incident where you reasonably believe that physical and/or sexual abuse of a child has occurred or is occurring at the service
any allegation that sexual or physical abuse of a child has occurred or is occurring at the service.

Sexualised behaviour involving children

Providers and educators play an important role in making informed professional judgements regarding sexualised behaviour involving children. Not all sexual behaviour involving children poses a risk to their safety. It may be age-appropriate and expected sexualised behaviour.

Informed judgements regarding sexualised behaviour help to ensure the health, safety and wellbeing of children by:

supporting healthy sexual development (age-appropriate sexualised behaviour)
protecting them from harm or abuse (inappropriate or problem sexualised behaviour).

Note that in some cases, sexualised behaviour involving children may fall within reporting requirements under other laws.

Resources on identifying and responding to sexualised behaviour in children

State and territory governments have created a range of resources that may assist providers and educators to identify and respond to sexualised behaviour in children.

Monitor and manage sexualised behaviour

Educators and providers may find it helpful to use resources like the Traffic Lights Framework (TLF) to monitor and manage sexualised behaviours in children.

The TLF was developed by True and can also be accessed as a Traffic Lights App which describes healthy sexual behaviours (green), concerning behaviours (orange) and harmful behaviours (red) for children 0-17. It also explains possible reasons for specific behaviours, suggested responses and provides case studies.

Visit the True website for more information about these resources.

Please note that while these resources may be helpful for educators and providers, they are not officially endorsed by or associated with ACECQA.

Reporting requirements under other laws – child protection

Approved providers, educators and other education and care service staff may be required to report on incidents or suspected incidents involving children under other state and territory laws including child protection legislation.

Contact details for each state and territory are listed here.

Child protection awareness and training obligations

The approved provider must ensure that each nominated supervisor and person in day-to-day charge of the service has successfully completed the child protection training (if any) required in their jurisdiction. Child protection training may be required under a state or territory law, a government protocol or under another instrument such as a state government memorandum of understanding.

Under the National Law and Regulations the approved provider must also ensure the nominated supervisors and staff members at the service who work with children are advised of the existence and application of the current child protection law in the relevant jurisdiction and understand their obligations under that law.

Staff records must also continue to include staff clearances for working with children checks or teacher registrations.

The approved provider must ensure policies and procedures are in place in relation to providing a child safe environment (regulation 168).