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#1 Posted : 10 July 2007 11:00:00(UTC)
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Posted By Malcolm Hogarth I am looking for guidance on the requirement (if any) to record accidents to visitors. There was a previous thread on the forum where Pat Hannaway commented "don't forget to record this in your accident book . The new book requires you to; record any accidents involving visitors or members of the public on your premises. If the casualty has to be taken to hospital, you must also report the incident to the appropriate authority". The latter part of this comment I agree with as it is the RIDDOR requirement, but I am puzzled over the reference to the recording accidents to visitors in the BI 510 as my understanding is that this is a Social Security requirement in respect of employees only. My thoughts are that a separate form would be appropriate, along with an accident investigation procedure. What do you think? Malcolm
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#2 Posted : 10 July 2007 11:05:00(UTC)
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Posted By Dave Wilson Social security is for employees, RIDDOR is different as it applies for accidents to non employees as well
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#3 Posted : 10 July 2007 12:16:00(UTC)
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Posted By Paul Duell You could use a separate form / book for recording accidents to visitors - but why give yourself the extra paperwork? If everyone knows that every accident goes in the same book, it keeps it simple. My experience - as a first aider as well as an H&S manager - is that the less first aiders have to think about, the more likely they are to get it right!
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#4 Posted : 10 July 2007 12:34:00(UTC)
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Posted By Malcolm Hogarth I can add a bit more to my original post now. The details are that accidents (or alleged accidents) to visitors were being recorded in the workplace accident book in good faith. This has been picked up by solicitors acting for claimants and the fact that it was recorded in a formal accident book is seen as accepting liability! We have advised a separate form to include a heading of accident/alleged accident. Malcolm
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#5 Posted : 10 July 2007 13:32:00(UTC)
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Posted By Sean Fraser Solicitors - when are they going to learn that the recording of incidents is not immediate acceptance of liability but simply acknowledgement of an event, preparatory to investigation and determination of causes? And that recording all incidents allows us to identify adverse trends and take effective action to prevent them continuing - taking the longer term view. This short sightedness in dealing only with the here & now blights our society as it creates a climate of fear and deception, making things more likely to happen, not the other way round. Oh, I see it . . . that's their aim after all! Keeps them in work and off the streets I suppose. In response to the question - there is no moral or ethical justification to not recording such incidents, and using the existing method is as good as any. Creating a new format is only an attempt to obfuscate the real issue - an incident has taken place and we are duty bound to investigate and where possible take action to prevent recurrence. As has been mentioned, creating one system for one and a different one for another simply confuses the issue and so is unlikely to be used. Lets be practical about these things and forget the legal eagles - unless they happen to represent your insurer . . .?
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#6 Posted : 10 July 2007 13:36:00(UTC)
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Posted By Malcolm Hogarth Thanks for the responses so far. But what about the recording of'alleged' accidents Sean? Malcolm
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#7 Posted : 10 July 2007 13:47:00(UTC)
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Posted By J Knight Malcolm, What's an 'alleged' accident? If you mean a report of an accident for which there is no direct evidence (e.g. I hurt my back in the shop but I didn't say anything until I got home and it still hurt) then phrase your accident report accordingly. If the outcome is attested (e.g. you can see the blood) but the causation is in doubt, then again word you report accordingly; 'the victim stated that he/she fell over but I didn't see it' and in both cases investigate. None of this is an admission of liability, and both types of report can go in the BI510. We do it for customers in our shops and have done so for years without complications, John
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#8 Posted : 10 July 2007 14:18:00(UTC)
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Posted By Chas My understanding is that under the Compensation Act 2006 the issuing of an apology, giving medical treatment or other redress does not amount to an admission of liability. So I do not see how an entry in an accident book can be admitting liability. Maybe the lawyers can explain!
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#9 Posted : 10 July 2007 14:44:00(UTC)
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Posted By Pat Hannaway Hi Malcolm, the comment that I made in my original posting regarding reporting of accident to visitors was a straight quote from the 2003 Edition of the accident book. The requirement to record accidents to visitors is not optional. It does not matter if you use a different book for visitors than that used by employees. To quote again from the book, the completed page must be detached "and passed to the person responsible for storing Accident Book records". Because of Data Protection requirements, the records "must not be seen by other members of staff (except the employee's own manager and the person responsible for health and safety in your workplace). You must also keep them separately from absence records, and disclose them only where there is a legal obligation to do so".
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#10 Posted : 10 July 2007 15:28:00(UTC)
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Posted By Malcolm Hogarth Thank you for your input Pat. I have got my 2003 edition accident book in front of me and can see the reference to the duty to record injuries to visitors but I can't see the bit that refers to visitors. Can you point me to the right bit? Malcolm.
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#11 Posted : 10 July 2007 15:34:00(UTC)
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Posted By Dave Wilson You don't even have to use this book you can make your own as long as what you do contains the same details etc
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#12 Posted : 11 July 2007 09:28:00(UTC)
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Posted By Bob Malcolm, Looking at this issue from a liability insurance perspective : 1) The fact that details of an accident have been entered in the accident book (or elsewhere for that matter) is most certainly NOT an admission of liability, provided of course you haven't shot yourself in the foot with self-incriminating comment. 2) To give your insurers a fighting chance to defend any claim on your behalf you must ensure that you record and retain as much information as you possibly can there and then, whilst the incident is still fresh in peoples' minds. (including any witness statements where appropriate) This is crucial because the vast majority of claims are complete try-ons and the claimant and his solicitors will try to distort the facts as much as they possibly can. Also, under the Limitation rules, any potential injury claimant will have up to three years after the alleged event to bring his claim against you - if you haven't kept detailed information I'm afraid you're on a hiding to nothing. Hope this helps, Bob
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