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achrn  
#1 Posted : 08 March 2011 10:08:09(UTC)
Rank: Super forum user
achrn

We have recently had an incident in which some employees were very close to a very-near-fatal workplace accident. The incident was not on a site we control, and the injured party was not one of ours, but was part of the same gang - they were working together. Our employees were very shaken up (one particularly so). Is this an event that should be recorded (accident book etc) with respect to our employees? The text in the front of my (HMSO, but not very recent - we have low numbers of entries) accident book says slightly different things in the guidance to employees and in the guidance to employers: for employees, it says "something unexpected happens that could lead to your being injured or becoming ill", but in the employer bit it refers exclusively to records of "injuries". Is a traumatic incident, that could (potentially) cause illness from psychological effects but which causes no physical injury, something that should be in the accident records? Our typical annual accident tally is something like three paper cuts and a grazed finger, so actually the event is unlikely to be forgotten in the next several years, even without a paper trail. I have filed away their accounts with our accident book records, and on personnel files. However, is there a 'right' or 'official' answer to the question of recording of psychological harm that may lead to someone becoming ill?
KieranD  
#2 Posted : 08 March 2011 10:42:04(UTC)
Rank: Guest
Guest

You are wise to take action to manage the outcome of a traumatic incident. The impossibility of predicting just how any individual may heal or not after exposure to a trauma makes your decision a challenge. In my experiences counselling people exposed to such events, I've known some heal from enormous shocks while others feel overwhelmed with difficulties that their peers handled without comparable stress. Additional perspective to consider what the barriers to recording the incident are; and the foreseeable outcomes if the individual you talk about is unable to return consistently to previous standards of working.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#3 Posted : 08 March 2011 10:47:40(UTC)
Rank: Super forum user
Ian.Blenkharn

Again there is focus on the lay interpretation of some legal guidance and not quite so much on the realities of the case. I have now several cases referred to me - of sharps injury - where no infection occurred but in which acute anxiety and post-traumatic stress was sufficiently severe to force some to give up their work and seek employment in a different sector, and one who is completely traumatised and is now unable to work. The effect of this post-traumatic stress may affect not only an individual but also the family group, and though often transient (weeks or months) it may last life-long. If it goes even near to the Courts someone, perhaps you, might end up paying a lot of money. That may happen long after the sentinel incident. Record it carefully, and record your actions to assist the individual, identify causes, prevent recurrences etc. If you want a name for it...shock!
teh_boy  
#4 Posted : 08 March 2011 11:50:23(UTC)
Rank: Super forum user
teh_boy

Agree with above. On a slightly different slant I was musing over RIDDOR if >3days of work for 'shock' and found this http://www.hse.gov.uk/lau/lacs/88-2.htm I would report in accident and follow up as suggested.
Ken Slack  
#5 Posted : 08 March 2011 12:01:08(UTC)
Rank: Super forum user
Ken Slack

Good one teh-boy, this would be non-reportable under RIDDOR. However in our organisation we have alot of contact with fatality and as such implement a TRiM policy of aftercare. You may find that they 'heal' normally in a relatively short period, but you could also see reactions from 5 days post event onwards...... Be wary of labelling as 'shock' as this has many different definitions and connotations, just look out for abnormal behaviour to start with and maybe get advice from counceling services
Ken Slack  
#6 Posted : 08 March 2011 12:05:02(UTC)
Rank: Super forum user
Ken Slack

Also I wouldn't report this in the accident book unless one of your workforce has an 'abnormal psychological reaction' otherwise you may be reporting a non-event.
m  
#7 Posted : 08 March 2011 12:44:14(UTC)
Rank: Super forum user
m

It's my understanding that accident records can be used as a trigger for benefit payments so why would you not record it for that purpose alone. I would suggest that the report does not have to fully comprehensive as it can refer out to other documentation that you will have.
stevie40  
#8 Posted : 08 March 2011 14:52:39(UTC)
Rank: Super forum user
stevie40

On a related note, have you offered the affected employees counselling over what they saw? Your insurers may be happy to provide this service under worker rehabilitation schemes or special counselling cover that is added to a lot of policies these days, often as a freebie.
safetyamateur  
#9 Posted : 08 March 2011 15:43:16(UTC)
Rank: Super forum user
safetyamateur

May have the wrong end of the stick but, surely the trauma is not the incident but an outcome of the incident. Whoever controls the premises will own the incident and any reporting (sounds RIDDOR-reportable to me). They'd need to know what effects it had on staff, visitors, public, whoever. Copies of all of this would also be kept by the employer of those affected. Little confused by the 'pshychological harm leading to someone becoming ill'. Any harm counts, doesn't have to lead to physical effects. Quite right about the counselling.
achrn  
#10 Posted : 09 March 2011 09:02:28(UTC)
Rank: Super forum user
achrn

All, thanks for the comments. To confirm / clarify some matters: It's definitely RIDDOR-able for the site owner (who was also the employer of the injured party). It's definitely not RIDDOR-able for us - no injury, no lost time, no danger to our employees. I know it's been reported to the authorities - our employees were interviewed by Police same day, and were subsequently interviewed by HSE and again by the site owner's investigators (and then provided information for our records). (So actually well over three days working time each 'lost', plus our MD time, plus my time - and our people were effectively just bystanders to the incident). With respect to 'psychological harm leading to someone becoming ill' and the assertion that any harm counts, the point of the query was to ask just that - does psychological harm count when considering accident book entries? The guidance in the front of the book actually refers to "injuries" and I maintain that potential psychological harm would not normally be described as injury. Clearly it's not absolutely the case that literally any harm counts and should be recorded - you don't make accident book entries if someone says something annoying at work (eg about your taste in ties) and it spoils your mood for the rest of the day. The HSE link posted by teh_boy makes it quite clear that with respect to work-related violence that it is only actual physical injuries that are RIDDOR-able ("Only physical injuries which result from acts of non-consensual violence to workers qualify as accidents for the purposes of RIDDOR 95. Accidents to non-workers and absence from work due to causes that are not physical, eg illness resulting from verbal abuse, or psychological conditions arising from physical assault, are not reportable.") If some psychological conditions are not RIDDOR-able, it is not beyond the bounds of possibility that technically they are not accident-book-able either. Notwithstanding which, as Ian.Blenkharn highlights, there is a difference between strict nit-picking of the law, and satisfying the purpose of the law. That's the reason why we have kept full records in our systems - whether or not the law requires it to be recorded, I want it recorded. With regards to counselling, the employees have been offered it and declined, both immediately post-event and some weeks later (when I said "recently" it was not actually within the last few minutes). I don't really understand the comments "you may be reporting a non-event" - it might be confusion between reporting and recording. I'm definitely not RIDDOR-ing the potential psychological harm (yet - won't be unless something unexpected develops), but that's substantially irrelevant to whether it 'should' be logged in the accident book. Our accident book is full of non-events with respect to RIDDOR requirements (paper cuts, grazed finger, someone walked into a toilet cubicle door etc.) and we record near misses also (though not near-miss paper cuts). I'm actually left with the conclusion that it's not clear-cut, I'm surprised that psychological illness due to at-work threats of violence is not RIDDOR-able, but satisfied that we've done what we need to, without being excessively paper-generating.
bob youel  
#11 Posted : 09 March 2011 10:40:37(UTC)
Rank: Super forum user
bob youel

To answer your question: I do not believe that the BI510 was designed for nor accommodates none physical events. I advise that U read the appropriate social security law to confirm
safetyamateur  
#12 Posted : 09 March 2011 11:01:09(UTC)
Rank: Super forum user
safetyamateur

achrn, probably wasn't clear in my post. What I was trying to say was I don't think this is something that would go in your Accident Book. The site owner owns the incident. The fact that your people were affected by it means that you'd want to have copies of all relevant records but it's not your incident. As regards the tie business, it'll depend on what you want staff to report as incidents (the harm is an outcome of the incident, the incident's what you want reported). If the behaviour was unacceptable between staff, it might be reported as harrassment/bullying, I dunno. The fact they were simply miffed at the comment may mean it wasn't a particularly serious incident. Even if an incident featured no harm, it's still an incident.
Safety Smurf  
#13 Posted : 09 March 2011 11:03:23(UTC)
Rank: Super forum user
Safety Smurf

achrn wrote:
I'm surprised that psychological illness due to at-work threats of violence is not RIDDOR-able.
It was last year when we suffered an armed robbery! Where your staff actually involved in the work that was going on at the time of the incident or affected by association and proximity?
Ken Slack  
#14 Posted : 09 March 2011 14:04:49(UTC)
Rank: Super forum user
Ken Slack

achrn wrote:
I don't really understand the comments "you may be reporting a non-event" - it might be confusion between reporting and recording.
Hi achrn, Apologies maybe I should have expanded in the reply, what I meant bu a 'non-event' is that although your employee's undoubtedly saw a very traumatic event, it doesn't necessarily ensue that they will suffer phsycological harm as a result, and why would you enter it into the accident book if they suffer no ill effects? The system we use in the event of an employee witnessing trauma follows a management route rather than H&S, with welfare and OH involvement. We also use 3rd party counsellors, who are bound by client confidentiality. For instance if we have a major incident involving multiple fatalities, the pick-up on that trauma wise is seen as a management issue. Incidentally our exposure totrauma v 'psychological harm' ratio is so extremely low as to be negligible.
achrn  
#15 Posted : 09 March 2011 15:23:39(UTC)
Rank: Super forum user
achrn

I understand the reasoning of the 'non-event' comment now, and agree that psychological harm is not necessarily caused by exposure to traumatic events (which is why I said it was something that could potentially cause harm). However, it's still an 'event' - one that could have caused harm to our employees (indeed, may yet prove to have done so). Some comments seem to be taking the approach that an entry in the accident records is a bad thing. I don't think it necessarily is. Obviously it would be better if people weren't injured (even with paper cuts), but I'd rather have some trivial records than worry that I had non-trivial gaps. I'd rather there are entries in the record that don't need to be there than worry that we are missing records we should have. Seriously - what's the problem with having an entry recorded that doesn't strictly need to be there according to law? I don't think there's a problem with our internal records containing more than the legally-mandated minimum. In fact, we simply have an incident file which has injuries and near-misses filed together - I get about ten a year total - last year was the worst on record (by quantity) with six injuries to staff (no lost time, no professional medical treatment, no first aid supplies used other than sticking plasters). In this particular case (potential future psychological harm), waiting to see if such harm materialises risks being too late to then produce meaningful records, I think. If it does materialise, we'll have the records as a harm-causing accident (the harm being the psychological effects) and if it doesn't we'll have the records as a near miss or potentially-harmful incident record. Our exposure-to-trauma rate is so low that we don't have a system. Also, the company structure is sufficiently flat that we don't distinguish between 'management route' and 'H&S' - I am management (near the lowest level on the board of directors) and I am responsible for safety in this office, and I don't distinguish between management management and H&S management. We don't have HR, OH or H&S departments (or indeed even a person fulfilling any one of the roles full-times). So whether it's a 'management' function or a 'H&S' function is not a valid distinction for me. I suspect this changes teh approach quite markedly, and may explain my misunderstanding some comments.
teh_boy  
#16 Posted : 09 March 2011 15:36:19(UTC)
Rank: Super forum user
teh_boy

I agree, I record random events on our incident report log that don't really fit. They then get reported to our board and actioned via our incident system (even if this means they just get signed off) I don't see the harm in recording in this way and then using this as a reference for any follow up action. As an example, I attended an offsite first case in work hours, recorded and logged the incident just incase, I have also recorded private medical incidents as well, if nothing else to record the first aiders involvement and actions. The trouble with these forums is I think we all answer the question as we would handle it in our day to day jobs, due to the massive range of businesses and skill sets this results in drastic differences. However it's all good learning and this thread has been intresting! P.S. I have also just realised I can't spell incident (each one was wrong on spell check :) ) time for a new career!
Safety Smurf  
#17 Posted : 09 March 2011 16:04:00(UTC)
Rank: Super forum user
Safety Smurf

teh_boy wrote:
P.S. I have also just realised I can't spell incident (each one was wrong on spell check :) ) time for a new career!
Isn't that spelt with only one 'e' ;-)
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