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Posted By Natalie Crawford
Once an accident has been recorded in an accident book can the contents be legally amended. In other words is it a criminal offence to alter an accident book entry and if so what legislation covers this?
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Posted By Dave Wilson
Don't think it is, however people sometimes write down what they 'thought' happened but it is not until an investigation is done will the complete facts be known and the Accident books records the outline event dates and persons etc and the subsequent investigation will reveal all - he says!
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Posted By Ken Taylor
Do you mean the accident book formerly known as BI510 in which employees may record accidents they have at work?
My understanding has been that they may subsequently record further information about the accident and that the employer may do so on their behalf if they are unable.
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Posted By Bob Shillabeer
The entry in the accident book is a legal record and should not be altered after the event. It is addmissible in a court of law. Carryout a proper accident investigation using proper witness statement forms (you may be able to get one at the local police station if you know a friendly copper) the statement needs to comply with the criminal justice Act 1967, s9, the MC Act 1980 s8 etc (The standard police statement form). Remember you may need to rely on this statement in a court of law.
It is not possible to amend this type of statement although a second statement retracting the first may be made but the first statement must be retained as part of the chain of evidence.
IOSH deliver a very good course presented by Ian Langston (a bit pricey but good value) completed over 4 days at the Grange, Contact the Grange for more info.
Remember when a statement is made even in the accident book it is wrong both legally and morally to alter or allow it to be altered, a supplimentary entry is fine.
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Posted By Natalie Crawford
Thanks for the responses - what I am looking for specifically is what legislation is breached.
Any ideas?
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Posted By Berg
The Social Security (Claims and Payments)Regs 1979 Regs 24 & 25 require the reporting of all accidents by employees either orally or in writing asap.
24(3) particulars are to be entered into a book kept for that purpose. Either by the the person or on their behalf.
25 Employer to take reasonable steps to investigate and record any discrepancies. This info is to be readily available for the purposes of Social Security stautory process.
So it's not advisable to alter any record unless by the original author with full reasons recorded.
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Posted By Amanda
I agree with my two colleagues above. Details such as times, dates etc and those involved are a must and therefore cannot be changed. This is particularly so for the Social Security Act. As for the details emerging from an accident investigation these are to be kept in addition to the 'book' details and as a colleague has said above these sometimes only come out after the 'book' has been completed. However to change the 'book' is a no no.
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Posted By Adrian Watson
There is no reason what-so-ever that any record is amended providing that it is not done for fraudulent purposes.
However, records should be amended so that the original entry is still legible and with this in mind it is best that the original entry is struck through and a new entry made.
Regards Adrian
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Posted By Crim
There is no need to amend an accident record as all accidents should be investigated with a seperate report being written. Any revisions can be recorded in this report and a photo copy of the original record added to the file.
I think it would look dodgy if an original accident record was altered in any way, and not look good in court!
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Posted By John Murgatroyd
Just lose the accident book and nobody will ever know.
Or give the injured party a few days off to not make an entry.
Better still, keep it locked-up so nobody CAN make any entries.
The old ones are still the best !
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Posted By Natalie Crawford
Thanks for all your responses - I think I have what I need.
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