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Posted By The toecap
Who's responsible for ensuring that an accident is entered into the accident book?
Employer or employee
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Posted By Melanie Fellows
The Social Security (Claims and Payment) Regs 1979 require employers to record all injuries (including minor ones) in an accident book or on an organisation's own forms.
Mel
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Posted By halesowen Baggie
I thought that the Employer only had to provide a means for recording, it was up to the employee or someone acting on their behalf to fill it in?
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Posted By The toecap
Thats how i saw it above
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Posted By Doug Russell
hB and Toecap are correct. The regs require the employer to make the accident book readily available so that the employee or someone acting on their behalf can report the accident. However they also require the employer to carry out an investigation into the accident and add their own version if they find something different from what the employee/person acting on their behalf has recorded.
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Posted By Melanie Fellows
My understanding (may be wrong though!), was that the employee must tell their employer immediately if they have been injured at work. Which can be done by recording it in the accident book, ripping out the page and passing it to the person responsible for H&S.
By completing a report in the accident book the employee has fulfilled their legal duty to the employer, however, they could have verbally informed/ handed in a note to let their employer know of their injury couldn't they?
The accident book (which does have to be kept readily available to employees at all reasonable times), can also be used to record accidents to members of the public on the employees premises.
It's all a bit chicken and egg to me, but I still feel that the ultimate responsibility falls to the employer (albeit that he instructs his employees to complete the accident form).
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Posted By Locksley McPherson
Surely, the Employer should be the one who takes responsibility. Would we expect the injured person to complete the accident book before they go off to hospital because of an accident at work or do we wait for them to return?
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Posted By martin gray1
Hi all
Got to be down to employer I would have thought, you cannot report a three day accident if there is no record?
MG
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Posted By M J Matthews
Hi
The employer has the responsibility of setting up an maintaining a procedure for the reporting and investigating of all accidents at work, this should include ensuring all employees are aware that they have to report all accidents, the employer can then begin the investigation process and where applicable inform RIDDOR, I would suggest that the responsibility of reporting accidents lies with the injured person (The Employee), All employees should be aware that failure to report any accident will be dealt with as a disciplinary offence.
Mick M
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Posted By John Murgatroyd
"Who's responsible for ensuring that an accident is entered into the accident book?
Employer or employee"
Both.
It is in the injured parties interests to ensure that he/she enters the accident details as soon as possible. If anyone other than the injured person enters details, the injured person should check they are correct.
The employer should check the details and enter their version if they disagree. The accident should be investigated.
The new book allows for the personal details to be removed and securely retained by the person nominated to do so by the employer. The entries can be viewed by a union safety representative as well, but if the box allowing personal details to be revealed is not checked, then they must be anonymised before the rep is allowed to see them (name and address removed)
You do not have to use the "official" book though, you may use your own version. The injured person still has the right to enter their details. The details still have to be kept secure.
Many employers though, especially small employers, do not allow their employees to enter the details.
Many employees end-up at hospital with strict instructions to keep quiet ! !
The union advice is for employees to not only enter the details themselves but to also note the details for their own needs and to get another to sign that note.
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Posted By halesowen Baggie
Heres what the Regs say;
Reg 24 - Every employed earner who suffers personal injury by accident in respect of which benefit may be payable shall give notice of such accident either in writing or orally as soon as is practicable after the happening thereof:
Provided that any such notice required to be given by an employed earner may be given by some other person acting on his behalf.
Reg 25 - Starts by saying that accidents should be investigated by the employer then goes on to say the employer must
'Keep readily accessible (whether in a book or books or by electronic means), in a form approved by the secretary of state, by which person employed by the employer or some other person acting on his behalf may record the appropriate particulars'
The Regs do not place a duty on an employer to fill in the accident book, and the book is for the use of 'Employed Earners', no mention of the general public etc.
The debate may continue but the law is very clear on this issue, the Employer has no legal to fill in an accident book.
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Posted By martin gray1
Just a thought, is there any duty for the employer to record under the First Aid Regs??
MG
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Posted By M J Matthews
Hi
The Management of Health and Safety at work Work Regs 1999, Regulation 5
Requires employers to plan, organise, control, monitor and review their health and safety arrangements, health and safety investigations form an essential part of this process.
taken from: Legal reasons for investigating HSG 245
First aiders who are appointed by the company have to be made aware that they have a responsibility to ensure the accident is reported and recorded( part of their training)by either using the Accident report book or other means, these are all only recommendations but as health and safety professionals we all understand what this means, we will still be taken to task by either the HSE or the insurance companies for not ensuring the accident was recorded correctly,
Mick M
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Posted By halesowen Baggie
Martin,
There is no requirement for an accident book contained in the First Aid Regulations.
Mick,
A breach of RIDDOR regulations are what the HSE are more likely to take you to task for.
Agree with the legal reasons for investigating accidents and The social Security Regs stipulate this also.
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