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Posted By AJM
I hope i get this question across correctly, I seem to have had conflicting answers in the past.
With regard to the accident report book,
1. What actual regulations cover it if any
2. Is it a legal requirement to fill it in or just to advise it is filled in.
3. Who's responsibility is it to ensure it is filled in.
4. If you investigate an incident and report as normal to RIDDOR should it be one, then you find out the accident report book has not been filled in does this matter or should you then get the person to fill it in after.
5. How long can a person wait to fill it in after the incident/accident
Thank you in advance for any help.
Alan
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Posted By Simon Walsh Grad IOSH
I will take each of your questions in turn and give you my understanding on the process. If anyone agrees please feel free to chip in (courteously though please)!
1. What actual regulations cover it if any.
The Social Security Act states that you must have an Accident Book. You do not have to have the HMSO version but you can devise your own, as long as the information required in the HMSO version appears in your book.
2. Is it a legal requirement to fill it in or just to advise it is filled in.
It is a legal requirement to fill it in (see above)
3. Who's responsibility is it to ensure it is filled in.
Ultimately it is the injured persons responsibility to complete the accident book.
4. If you investigate an incident and report as normal to RIDDOR should it be one, then you find out the accident report book has not been filled in does this matter or should you then get the person to fill it in after.
If you report as RIDDOR (assuming it is) and you find out the accident book has not been completed, it is the responsibility of the injured person to fill it in as soon as practicable. If this is not possible it can be filled in on the injured persons behalf by someone else.
5. How long can a person wait to fill it in after the incident/accident.
It has to filled in as soon as practicable after the accident.
Hope this helps.
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Posted By J Knight
According to the website of a supplier, the relevant pieces of legislation are the Social Security (Claims and Payments) Regulations 1979, the Social Security Administration Act 1992 and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995, although of course RIDDOR isn't entirely relevant.
There isn't a direct legal requirment to complete an accident form in H&S law except as regards RIDDOR. A legal requirement on employees exists by virtue of HASAWA s7(b), co-operation with the employer; if you tell them they have to fill it then they have to or they are not co-operating.
If at any point you find that an accident record hasn't been completed you have two options; 1) in the case of a RIDDOR you have a record in any event so its up to you and b) in the case of non-RIDDOR you might decide you don't need to bother so its up to you.
I have been reliably informed of a case where an adjudicating officer in an IIB case told the claimant to complete an accident record to replace an original which had been lost some twenty years previoulsy due to the closure of the then employer; as far as I know there is no time limit, though I do seem to recall that there has been an effective limit cited on this forum in the past.
Anybody can complete the record; it should be the injured party or their representative, but there is no requirement for this to be the case
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Posted By Lynne Ratcliffe
It would seem that the keeping of an 'accident book' is required by statute "Record keeping
Do I need to record incidents requiring the attention of a first aider?
HSE recommends that it is good practice to provide your first aiders/ appointed persons with a book in which to record incidents that required their attendance. The information kept can help you identify accident trends and possible areas for improvement in the control of health and safety risks. It can also be used for reference in future first aid needs assessments. This record book is not the same as the statutory accident book though the two could be combined.
There is a legal requirement to report accidents and ill health at work. Information on the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 is given in the HSE leaflet RIDDOR Explained [PDF 143kb].
What information should be recorded?
Useful information to record might include:
date, time and place of incident;
name and job of the injured or ill person;
details of the injury/illness and what first aid was given;
what happened to the person immediately afterwards (for example went home, went back to work, went to hospital);
name and signature of the first aider or person dealing with the incident.
Who is responsible for keeping the records?
It is usually the first aider or appointed person who looks after the book. However, employers have overall responsibility." extract from HSE topic first aid pages on record keeping.
However, I cannot find the statute and as this is end of lunch time i hope the above helps! at least we know there is a statutory requirement and I hope that someone else can nail that bit for us!
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Posted By AJM
One thing to throw into the boiling pot another health and safety man said, which i would like peoples opinion is;
It also states if it is not filled in it could affect the injured persons claim should they have one, so if its their responsibility to ensure they fill it in and told to do so at induction and company policy but dont. Why would you chase up this if its to their advantage and they have not bothered.
Al
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Posted By J Knight
Lynne,
The legal requirement refers only to RIDDOR'95, and covers only certain specified events. The law relating to the BI510 is Social Security law, and not H&S law; penalties and enforcement etc are very different. AJM's post about affecting claims to benefit hits the nail on the head; the BI510 is about Industrial Injuries Benefits, and failure to complete may affect your claim; that's about as exciting and taxing as it gets,
John
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