Posted By Tom Rodgers
Everyone is probably aware of HSE's press release concerning the introduction of a revised Accident Book formaerly known as B1150. HSE have taken over production of this from the Department of Works & Pensions under whom the social sceurity legislation required a means of recording accidents for employees and referred to the old black and yellow B1150 book. However,whilst the social security legislation did indicate use of this book it also allowed for alternative means of recording accident details provided that whatever system used contained the relevant details. With the advances in electronic systems, we have used an electronic form which is well understood and used by all sections and does not contravene DPA etc.for some time. Am I to assume that I might have to alter an effective reporting system to cater for some money-spinning initiative?

Posted By Alan Harwood
Which details of the book have been modified in line with the DPA?

I had a look at the new book at the Expo on Tuesday expecting all personal information to be removed. The first section is for the names and addresses of the injured party and the person filling the book!

Could it be that once filled, the page is removed and stored elsewhere?

We have our own version of the accident book which I would rather not have to change. I'd just like to know what is required to satisfy the DPA.

Any guidance would be appreciated.

Alan.

Posted By Alan Spiers
The significant difference in the new book is the injured person is required to sign agreement of entry and the book only contains a reference number so no one can see previous entries.
Like many companies we also do use the accident book but replace it with the first part of our internal document which is carbonated so the page ripped out of the book continues to be used as the basis of the investigation and that remaining is the equivalant of the accident book entry.
Points I am still considering ( can anyone clarify ) are -
1.What if the IP refuses / can't / is unable to sign the book.
2.Do we have to write an authorisation procedure as to who is able to look at accident records or is it enough to state all managers / supervisors / safety reps can.
3.Our internal document adds age, occupation, sex, plus boxes for part of the body injured including property damage & near misses but not IP's signature and not address unless it was a contractor, member of public etc. I cannot see how to retain this system without contravention of DPA.
4. What controls are needed if the new book is used regarding photocopies / circulation.

The advice I've got to date is adopt the new book then duplicate some or the information to the internal documents for the investigation process, however in addition to the pain of duplication would not the internal document come within DPA ? what about RIDDOR reports they even contain tel numbers.

Posted By John Donaldson
Please disregard the last paragraph of my response there is of course a box for this information on the back of the front cover.

I missed it first time I wonder how many others will as well!!

Posted By Jay Joshi
The main deficiency in the old accident book was that any person generally had access to the "personal data", i.e. the previous entries in the book. That is why the old book does not comply with DPA.

In the new book, after an injured person has made an entry,the "responsible person" on employers behalf will have to fill in other details and file the tear-off form away securely. That means only "authorised personnel", such as the manager, safety reps, human resources etc can access the form/data and not "everybody".

The DPA does not state that an organisation cannot keep personal data. The main aspect of compliance with DPA is to ensure that you can meet the requirements of the 8 Data Protection Principles.

More information on DPA can be acccesed from the website:-

http://www.dataprotection.gov.uk

Posted By Hilary Charlton
Well, frankly, I think its bureaucracy gone mad!

I had to do a RIDDOR report yesterday, I was lucky on this occasion as I had done the persons CV a couple of weeks ago as a favour so I had the name, address and date of birth otherwise I would have had to get in touch with HR to telephone and ask the employee if I could give over this information. I know the employee very well so I knew it would be OK. This is a document that we legally have to complete under our rules and regulations and yet the DPA throws obstacles to our doing so in our way time and again. This new accident book is the epitome of ridiculous - I can see no circumstances where an accident at work would require this level of secrecy - we have to do a full investigation of all major accidents which will require photographs, witness statements, technical investigations - who will complete these? Obviously for a major accident there are going to be quite a lot of people involved in the investigation process - do they all need to be muzzled permanently afterwards? We could do with a memory blaster like in Men in Black couldn't we?

Don't get me wrong, I think in principle that the Data Protection Act is a good idea, however, it was always an upspoken rule that names, addresses and personal information were not given out and now that they have made it formal we are all tied up in knots with it.

We are issuing an authority sheet at the next all Company meeting to be signed by each employee which gives me authority to provide name, address and date of birth to the HSE in the event of an accident as long as the employee signs it and gives the HR person the authority to complete minor issues like mortgage applications, job references and things that people actually ask for.

Sometimes I think we just go tooooooo far and this is definitely one of those occasions.

Hilary

PS Soap boxes can be found at all major supermarkets!

Posted By Andy Essex
You need to ensure that no personal details can be seen in the book by say another person entering an accident. The page is removed in the new book to remedy this breach of the DPA. An online system of reporting complies with this as no other accident can be seen by unauthorised staff.

Posted By Ken Taylor
I've never understood why it was necessary to write the address of both the injured employee and the person reporting the accident in the accident book as, being employees, their addresses will be on file if needed in connection with the incident by appropriate persons. The same argument will apply to school children, persons in care, etc for those who insist on using the same book (even though it was meant for employees) as their addresses will also be recorded safely elsewhere. The only reason I can see for obtaining this information is when a visitor is injured and then any personal information supplied should be given voluntarily. So, why is this asked for in the accident book?

Posted By Ken Taylor
- but they ought to know their names and addresses before they take them on and record this somewhere.

Posted By Dave Wilson
Nice one Tom,

Opened up a bit of a debate here! Good point about union safety reps, are they deemed responsible enough to know the identity of injured persons who they legally have a right to investigate the accident surrounding their incident.

Maybe we automise everything and pay people to sit at home, but we won't know where this is as it's a secret!

Devise and use your own Accident form as you can then tie this in with the Risk Ass requirements to review after an incident has occured, therefore you can keep an 'audit trail' of the event and a recommendation to improve or prevent.

And never ever ever throw away any info on any accident ever.

Posted By Ken Taylor
Part of investigating the incident should inlude access to the records including the accident reports. However, I would suggest that the safety rep is shown a copy rather than provided with one in order to reduce the number of copies around and the associated risk of the information falling into unauthorised hands. Is this reasonable?