The NSW Resources Regulator has flagged a growing compliance issue across mining operations, after receiving numerous incident notifications months – and in some cases more than a year – after they were legally required to be reported.
The overdue reports were linked to work-related psychological illnesses where some operators had received a Certificate of Capacity from a medical practitioner declaring a worker unfit for at least seven consecutive days.
According to the regulator, these incidents were not reported to the watchdog within the required timeframe.
This safety advisory comes amid a broader rise in the reporting of psychosocial incidents. While awareness and disclosure appear to be increasing, the regulator has also observed an increase in operators failing to meet their legislative obligations to report workplace illness.
Psychosocial hazards are defined as aspects of work or workplace situations that may cause psychological or physical harm. Under the Work Health and Safety Regulation 2025, these hazards can arise from the design or management of work, the work environment, plant and equipment, or workplace interactions and behaviour.
A hazard may be considered psychosocial regardless of whether physical harm also occurs.
In its advisory, the regulator reminded mine operators that their reporting obligations include notifying the body of illnesses requiring immediate inpatient hospital treatment, and illnesses supported by a medical certificate that result in, or are likely to result in, a worker being unfit for their usual duties for a continuous period of at least seven days.
The regulator is also urging operators to strengthen their approach to managing psychosocial risks. Recommendations include conducting robust psychosocial and sexual and gender-based harassment risk assessments, consulting with workers, involving subject matter experts, and prioritising elimination and prevention of risks through work design, leadership practices and organisational systems rather than relying solely on individual coping strategies.
Operators are also reminded to ensure controls are implemented, effective, revised as required and documented appropriately – and to report incidents promptly when medical certificates trigger notification requirements.
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