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Retention of items pending HSE Investigation
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Posted By Marie Dolman
How long would you think it wise to keep a piece of equipment which was involved in a HSE reportable accident "just in case" they wish to investigate?
Any thoughts would be appreciated.
Regards
Marie.
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Posted By Paul Craythorne
Marie,
As far as I am aware there is no fixed time for retaining evidence relating to a reportable accident.
Depending upon the nature of the accident the HSE may not even bother investigating it. I would suggest that once you have completed a thorough internal accident investigation you contact your local HSE office quoting the RIDDOR report number you were given if you reported it online, or the details of the F2508 if you posted it, and ask if they are likely to investigate.
Regards,
Paul Craythorne
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Posted By John Donaldson
I would also suggest you have a word to your insurers. If they judge a Civil claim might be made they may well request you retain the piece of equipment.
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Rank: Guest
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Posted By Heather Aston
Paul
That's very brave - I wouldn't do anything that might push them into an investigation! However you're right it's not the norm for HSE to investigate every RIDDOR accident these days.
Obviously it does depend on what the said item is - Marie perhaps you could tell us and we might be able to be more specific?
Personally I would ensure it is photographed and recorded as part of the accident investigation and if you have not heard from HSE within six weeks of reporting then you are not likely to.
The insurance point is a valid one. Proceedings can be issued up to three years after the accident. Clearly it's not necessary to keep the item for three years just for this reason. However again you should make sure you have photos/drawings that would make it clear in a claims investigation exactly what had happened and how the item was involved.
As an example, if a machinery accident occurred due to a fault in the machine, you would not be obliged to keep the machine as it was for three years in case of a claim! What you would have to do is take photos and determine why and exactly how the machine was faulty, in such a way that you could explain it three years later for the benfit of a judge who knows nothing about machinery.
hope this helps
Heather
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