December 2009

When things go wrong with your Health and Safety arrangements, it is all too easy in the heat of the moment to forget about the need to record and report details of accidents.

There are legal requirements to do with recording and reporting that you must follow. Even if these did not apply, there is real benefit for any organisation that is serious about health and safety in having comprehensive records of accidents and incidents. Without such records, it is difficult to measure how well you are doing in safeguarding your workforce or to know where you should be focussing time and effort to be most effective.

However, you do have legal duties about what you must report and if you fail to comply with them, they may come back and bite you in the future.

This was the case for a large Midlands based company who failed to report an accident in which an employee fell and was injured when a Mezzanine floor collapsed under him. This accident ought to have been reported to the Health and Safety Executive (HSE) under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) but for whatever reason the company failed to do so.

The omission may not have come to light if it were not for a visit by an HSE inspector approximately 8 months later about unrelated health and safety concerns. As a result, the organisation was found guilty of a number of health and safety issues, including failure to comply with RIDDOR.

You can read more information about the case on the HSE Website by clicking here.

So what do you need to record/report and to whom?

Accident Book

Apart from very small companies, organisations are required to have an accident book in which employees record details of injuries that occur at work – even minor ones. This provides a valuable record of exactly what happened, which could prove of future benefit to both employees and employer.

Employers must investigate the cause of each accident and are required to keep these records for at least 3 years.

Reporting to Enforcing Authorities. RIDDOR requires that the following must be reported:

Deaths

Major Injuries – There is a list of actual injuries that are included under this category, for example: amputations, loss of sight, most types of fracture.

Accidents that result in more than three days off work
Diseases – This category includes a number of specific diseases for example those that affect the skin, or lungs. In addition, if a doctor notifies you that an employee is suffering from a reportable work-related disease, then it must be reported.

Dangerous Occurrences – These are occurrences where nobody was actually hurt but the potential was there for someone to be injured. Again, there is a list of specific occurrences that must be reported, for example those involving pipelines or an electrical short circuit that results in fire.

Reports must be made on standard forms within 10 days of the occurrence or accident. Failure to do so constitutes an offence.

Reporting to your Insurance Company

This is not determined by health and safety law but is invariably included as a condition of your Employer's Liability Insurance policy.

Insurers differ in their requirements but typically you are required to report any accident as soon as reasonably practicable. In addition, there is usually a maximum time limit such as 15 or 30 days.

The reason for this is that someone who has been injured, whether your employee or a member of the public may decide to claim compensation. For most organisations, such claims are best handled by their insurers but to do so they need to have all relevant information to hand.

When it comes to health and safety, there are all kinds of reason to record and report accidents and incidents and we cannot afford to ignore or forget our responsibilities.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call or complete the Enquiry Form on our website.