Accident Book

Yet oddly the DBERR (Dept for Business Enterprise & Regulatory Reform) states the following business size classifications:

Micro 0 - 9
Small 10 - 49
Medium 50 - 249
Large 250 +

Of course, it seams in the real world the majority of regulation where there is an exclusion does consider " 5 " small enough to avoid some red-tape on the grounds of unreasonable to expect full compliance on grounds of time and cost.

Nevertheless I would expect them to want to see occupational health issues have been at least been "considered and addressed where possible" regardless of any easing of more formal requirement for recording and keeping of fully traceable paper chase in addition to any notes in a diary confirming what has been done to mitigate / prevent harm or injury.

Janet, I think under this situation any company that employs less than 5 people would be exempt.

It has been stated that all companies have to have some kind of system to record an accident at work except for a small business. Can someone please tell me what constitutes for a small business.

@ Dave Clark

Where does it actually say that in the Act? The wording appears to be "for requiring employers—.
(i)to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;"

So long as it is properly recorded why can't it be on an in house hard copy form or on an electronic reporting system?

Can you give me the specific section where it states you must have an accident book?

Robert, can you let me know where the reference in your comment came from? (i.e. which regs):

'However, any electronic recording system must be approved. To get approval you need to submit the system to:


Mr Ian McIntyre
Industrial Injuries Unit
2S 25 Quay House
Leeds
L52 7UB'

It's not something I was familiar with and I'm planning on keeping an electronic log of all incidents (accidents/near misses) as part of our helpdesk function. Accidents requiring First Aid are logged by the First Aider in the 'First Aid' Book.

Thanks!

Hi Nigel
Quote (The Social Security Administration Act 1992 REQUIRE that a record must be kept on the premises of all accidents resulting in injury, however small. All details must be kept in an accident book. This includes accident to any employees, visitors and members of the public.)

Could you please let me know the particular section of the act that requires the empployer to keep the accident book.
Dave.

@Martin

Our accident book has the new format and we keep the original sheet and copies as required to person.

@ Nigel My clear understanding under the 1992 act was that only employees were put in the accident book and that was written on the front of the book everybody else went into an incident report.
Contractors went into their own companys accident book.


Barry L

Just a point of note. The new Accident Books do not retained any written record, they just have a reference number (probably to comply with DPA). The written section is torn out and handed to the person who had the accident as a record for their purpose only.

Has anyone else come across this?

I've worked at several large scale financial employers and found no accident book at any of them or at any one site. They have always had a one sheet template (expandable), and once completed, sent to the compliance and legal team in one firm and in the other just an on-line form that generates your input to the third party health and safety provider.

The Social Security Administration Act 1992 REQUIRE that a record must be kept on the premises of all accidents resulting in injury, however small. All details must be kept in an accident book. This includes accident to any employees, visitors and members of the public.

The following details should be included:

· date, time and location of the accident
· name, address and occupation of the injured party
· whether the person was able to resume work immediately and, if not, when work was resumed.
· whether the accident was reportable to the Environmental Health Division of the Council or the Health and Safety Executive

You may also want to check with your insurers on what they require you to keep as this is probably the main reason you will be asked for accident records when someone puts in a claim against your insurance policy. I know that might sound cynical, but not keeping correct records will hamper their ability to defend against a claim and could put your premium up.

Dave, The HASAWA 1974 requires all occupational/industrial accidents to be recorded, an accident book is just one method.

Hello

Accident book states the reasons for having to have one, we do not fall into any of the categories listed, but we still have one that we use if required.
Trust me the first question you will be asked by the EHO, is can I see the accident book.
The book really is a precusor to a RIDDOR report.


Barry L

Thanks Martin, but as you say RIDDOR only covers certain acidents, such as major injuries, and over 3 day absence from work. These are reported direct, so there is no need for an accident book, nor do the RIDDOR rgualtions require one.
Thanks Steve, but the Social Security (Claims and Payments) Regulations 1979
only stipulate regualtions regarding the claims and payments of Industrial Injury. They do not specifically require the employer to keep an accident book.
Can anyone help - specific details (eg chapter and verse) would be very helpful

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Steven

As a H&S rep the information you need is to investigate the accident.

This can be provided in an' anonymised ' format. e.g Employee A fell down the stairs due to a spill.
What is important is to investigate why it happened & to ensure it does not happen again.
As a Rep, you will probably know who the casualty is.

Many employers try to hide behind the DPA as a way to keep safety Reps away.
Get a copy of SRSC regs. Very helpful

Dave

If you have 10 or more employees it is a legal requirement under the Social Security (Claims and Payments) Regulations 1979

Hi Dave, Accident reporting come under RIDDOR (see HSE website), there is set criteria that must be met for it to become RIDDOR reportable though.

The HSE have removed the helpline number but ther is sufficient informaiton on their website to give you all you need to know.

While I realise that the keeping of an accident book is standard throughout industry, and that the DWP require the information before they can register an accident as an industrial injury, I am struggling to find the appropriate legislation that requires it. Can anyone help please

Final comment. You need to have a robust system in place for access and retrieval of personal data and be able to show through auditing that you have complied.
You don't have to be a register Data Controlloer with the ICO to legally comply. This information came from a specialist speaker at Clare College, Cambridge University in 2007 which I attended and asked for clarity on.

I am aware from completing my NEBOSH course that the person responsible for the reporting of accidents and in particular RIDDOR must bcomply with the Data Protection Act as they are the data controller.
To remove any document relating to personal data could be construed as a breach of the act.
But I would leave that interpretation to someone with legal qualification. But I would not be happy allowing this to go on with my knowledge and would challenge it on this basis.

Dear Steve, To comply with the data Protection Act the form is removed and stored in the employee's personal file. Copies may be given to the employee, infact it is good practice so to do. Other copies may be used by management for record and as the investigation start point but should form part of disciplinary reports.

Total removal, that is to say destruction of the record is not legal, besides which the RIDDOR Centre will have the copy sent to them. HSE Enforcement Officers have the right to demand to see the form on the employee's personal file.

As a sine qua non, the accident book should be in the form of tear out sheets that only hold the record registration number. This is to comply with the DPA and prevent personal details becoming public knowledge

CAN ANYONE HELP ME,IM A NEW HEALTH AND SAFETY REP AT WORK AND JUST WONDERING AFTER A ACCIDENT IS PUT IN THE ACCIDENT BOOK CAN THE MANAGEMENT REMOVE THE DOCUMENT,I HEARD IT IS AGAINST THE DATA PROTECTION THANKS.

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Robert

Thanks for the comments, sorry if I did not make it clear. The form itself is for reporting all accidents, imcidents and near misses. The level of investigation on the initial report is very low key and appropriate to minor incidents only. We do indeed have a more deteiled form for investigation and gathering information in relevant cases.

While I appreciate your concerns about information I tend to work in organisations with an open culture and where in fact the claim culture is not paramount, not is a blame culture. We aim to learn from our experiences when accidents occur and are not afraid of open discussion. Insurers are aware of our forms and procedures and are quite happy.

Again sorry if I mislead on use of computers. Blank forms are available for printing off the intranet - they are manuall completed, not on line

Steve

Steve,

I think you have missed the point about the accident book. It is a report of an accident to a level that meets the DWP and DPA requirements.

It should not include the investigation into the accident as this is a seperate matter. Such investigations should be undertaken as a seperate matter and to an appropriate depth. To rely on the accident report to cover both the accident report and the investigation will delay the report and could reduce the effectivness of the investigation. This would be especially so if witness and medical statements had to be gathered over several days.

By including both aspects into one form you have given information to various parties that could show weaknesses in the company's procedures and or management systems. Such disclosures to the injured party and others could be seen by the insurance company as an admission of guilt and thus allow the insurance company to change their attitude towards any claims.

I also note that you use a computerised system of reporting, this should have been agreed by Ian Mac Intyre, see above for details, prior to its introduction, you make no comment on this aspect.

Hope this helps.

Robert