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B.Bruce  
#1 Posted : 31 October 2012 10:32:00(UTC)
Rank: Forum user
B.Bruce

Hi all, I have had a spate of non-reported accidents which are being reported days after the event as 'work related'. Although I am recording some of these as workplace accidents, I doubt the legitimacy of some other reports. I am preparing a Memo to all staff explaining the improtance of reporting accidents on time but want to include a line:- "Failure to report an accident may result in the incident being determined as non-work related" or words to that effect. What do people think about including this line in the memo? Also, how do others deal with late reporting of accidents? I am a little cynical about late reporting. Thanks
Rosy  
#2 Posted : 31 October 2012 10:38:33(UTC)
Rank: New forum user
Rosy

hi there there is no time limit relating to when a work related accident can be reported by a member of staff. It is natural to be cynical as I would expect people to report ASAP but I've seen posts on this forum in the past where people have reported 6 months to 1 year later - I would be very suspicious about that. Rather than determing it as non-work related which is difficult why not try to encourage your staff to report straight away - the quicker they report the quicker you can deal with it to stop it happening again. good luck!
aland76  
#3 Posted : 31 October 2012 10:48:04(UTC)
Rank: Forum user
aland76

I've had exactly the same issues of late reporting here, when I joined the company earlier in the year there were 8(!!!) accident books scattered around site (bearing in mind we only have around 60 employees). The policy was to go gather accident forms once a month to see who had been injured, so this culture of filling in books as-and-when is well and truly implanted with the workforce. To deal with this I reduced down to two accident books; one in the main office and one in factory office for out of hours. I then laminated and glued a sheet to the front of each FA box asking people to report every incident to a first aider for assessment, and finally I have emailed all first aiders informing them of changes made and attached a reminder of how to complete our accident books properly (another issue we had) and to hand any incident report to me at the earliest opportunity. So far this seems to be working, and I feel I can now legitimately ask why any incident wasn't reported immediately as clear instruction is plastered over all FA boxes and Accident books. These changes are still in their infancy but I now feel like I'm in control of things, which is always a good starting point :) Alan
B.Bruce  
#4 Posted : 31 October 2012 10:48:49(UTC)
Rank: Forum user
B.Bruce

Rosy wrote:
hi there there is no time limit relating to when a work related accident can be reported by a member of staff. It is natural to be cynical as I would expect people to report ASAP but I've seen posts on this forum in the past where people have reported 6 months to 1 year later - I would be very suspicious about that. Rather than determing it as non-work related which is difficult why not try to encourage your staff to report straight away - the quicker they report the quicker you can deal with it to stop it happening again. good luck!
Hi Rosy, I have been encouraging staff to report accidents at the time, and will re-enforce this message in the Memo. With regards late reporting. Lets look at this scenario as an example. An employee had a 4 week period of absence between July and August. The employee did not relate his absence as work related injury, and during his return to work interview in September he was again asked if the injury (back ache) was work related - he said no. However, more recently, HR have stepped in because of regular absences from work. During an interview with HR to discuss his record he told HR his 4 week absence was related to work! I dont feel I need to record this as an accident as he has previously stated the incident was not work related. What are you thoughts? This is just 1 of 3 non-reported incidents in the past 1/4.
JohnW  
#5 Posted : 31 October 2012 10:49:46(UTC)
Rank: Super forum user
JohnW

Bruce, I agree with Rosy. No time limit. An accident is either 'work-related' or 'non-work-related'. Can't change one to the other just because of reporting time. Late notifications are difficult to investigate, so maybe you could add a note to say that late reports may prevent a suitable and sufficient investigation. JohnW
pete48  
#6 Posted : 31 October 2012 10:52:42(UTC)
Rank: Super forum user
pete48

I wouldn't under any circumstance use that "threat". It will not bring any positive response on any number of levels. Spurious reports are a fact of life and you will not improve that by threatening people. You may not see it as a threat but others will; especially those you currently suspect! Do your investigations professionally and where you find evidence of false claims then make sure you HR/Mgmt people follow it up with the individuals concerned. If late reporting is not related to the onset of symptoms post incident then again get HR/Mgmt on the case. If you want to write anything, talk about the need for prompt reporting because of the positives not he negatives. p48
JohnW  
#7 Posted : 31 October 2012 10:53:07(UTC)
Rank: Super forum user
JohnW

.... and just seen your previous message. If you have any 'return to work' documentation it should say non-work related? An accident is either 'work-related' or 'non-work-related', and equally an employee can't change his mind after a longish time unless he has a doctor's report. JohnW
Kate  
#8 Posted : 31 October 2012 10:53:39(UTC)
Rank: Super forum user
Kate

The trouble with this statement is that late reporting is not grounds to say an injury wasn't work-related. Is the scenario something like the following: Solicitor: My client was hurt. Pay him compensation. You: He reported it late, so I've determined it wasn't work-related. Solicitor: OK, I'll take your word for it that it wasn't work-related and withdraw the case.
pete48  
#9 Posted : 31 October 2012 11:04:03(UTC)
Rank: Super forum user
pete48

B.Bruce. Typing whilst you were posting. As to your example. It has to be investigated because he is now reporting a work related event. You, or the company, now need to decide whether it is or not. One key thing to establish would be at what point did the employee realise that his injury was work related and how did he come to that conclusion after confirming before his return to work that it was not? Apologies if this is teaching grandma, however it is important that a suspicion is bottomed out properly if you wish to reduce this type of event. If you find he is falsely claiming then it is not a accident but that is only if you conclude that from a proper investigation. p48 p48
B.Bruce  
#10 Posted : 31 October 2012 11:08:41(UTC)
Rank: Forum user
B.Bruce

Fair enough - im just extremely annoyed with the current spate! In hindsight having a line like that in the Memo wont encouraging the reporting, or help build a positive culture. TBH - I am sick to the back teeth with the Managers and Supervisors (by title only) within this area of our site. I would encourage our solicitors to fight any case which was not reported as a workplace accident at the time, but months later was raised during HR investigations into absenteeism. All employees know the reporting procedure, its in their handbook, on the notice board and they all had a similar Memo 18 months ago. Its is so frustrating!
smith6720  
#11 Posted : 31 October 2012 11:14:17(UTC)
Rank: Forum user
smith6720

From the original post > looking for ways to encourage personnel to report all accidents ASAP There is some good advice on here try to focus on the positive side, that reporting sooner rather than later, may identify a trend and stop workmates from the same or a more severe accident. Also look at what your follow-up action is to an accident,where accidents reported later, complete a more robust investigation, compile a report, witnesses etc etc. with all accidents if the operative can see somthing being done they may also respond.
JohnW  
#12 Posted : 31 October 2012 11:31:25(UTC)
Rank: Super forum user
JohnW

Bruce as I indicated above, the employee needs a doctor's report to support his late claim. Your lawyers will ask for it.
jay  
#13 Posted : 31 October 2012 11:41:56(UTC)
Rank: Super forum user
jay

Depending upon the location of the workforce, you need to have a specific question & response when employees report off "sick" . Is the absence due to a work related injury/event? if the response is yes, it triggers you internal procedure for the verification/investigation of the circumstances etc. Obviously, all employees must be instructed to report work related accidents at the earliest opportunity. For a peripatetic workforce, you may include specifics. Make this a part of induction process and if it is a significant issue, cascade the instruction via managers. Depending upon the safety culture, it is advisable to have signed off lists etc verifying that individual employees have understood the instructions. I would not include a disclaimer, as you cannot stop any person from making an entry in the accident book, BUT you have the right to verify its accuracy by inserting you points. Anyone who reports it late will be at a disadvantage as it cannot be ascertained whether it occurred or not unless there are witnesses.
damelcfc  
#14 Posted : 31 October 2012 11:49:52(UTC)
Rank: Super forum user
damelcfc

Line in your policy that states (or words to the effect of) 'All accidents at work must be reported as soon as possible after the event or in any case within 48 hours- failure to do so will result in the recording and investigation of such being at your line Managers discretion.' - 'This approach is in everybodies interest'. Go via your safety committee, get agreement with your union and get it included (and the all important signature) however you usually do at your place of work. If its not reported within 48 hours it didn't happen. Served me well for the last 15 years.
Ron Hunter  
#15 Posted : 31 October 2012 12:31:41(UTC)
Rank: Super forum user
Ron Hunter

late does not necessarily equate to spurious. It is for investigation to determine the facts of the matter. Recording does not equate to admission of liability. I think you're obliged to record without prejudice, otherwise the system falls into disrepute.
Steveeckersley  
#16 Posted : 31 October 2012 13:29:13(UTC)
Rank: Forum user
Steveeckersley

damelcfc wrote:
Line in your policy that states (or words to the effect of) 'All accidents at work must be reported as soon as possible after the event or in any case within 48 hours- failure to do so will result in the recording and investigation of such being at your line Managers discretion.' - 'This approach is in everybodies interest'. Go via your safety committee, get agreement with your union and get it included (and the all important signature) however you usually do at your place of work. If its not reported within 48 hours it didn't happen. Served me well for the last 15 years.
Think you are on thin ice here especially where accidents involving musculoskeletal injuries are involved. You must have a pretty. Why do you quote "As soon as possible" if you then quote "within 48 hours" Either Or in my opinion. Besides this might not be possible to hit the 48 hour target if it involves Riddor!
Steveeckersley  
#17 Posted : 31 October 2012 13:30:27(UTC)
Rank: Forum user
Steveeckersley

Delete the line "You must have a pretty" form the above post- Please can we have an edit function!
damelcfc  
#18 Posted : 31 October 2012 13:45:10(UTC)
Rank: Super forum user
damelcfc

steveeckersley wrote:
damelcfc wrote:
Line in your policy that states (or words to the effect of) 'All accidents at work must be reported as soon as possible after the event or in any case within 48 hours- failure to do so will result in the recording and investigation of such being at your line Managers discretion.' - 'This approach is in everybodies interest'. Go via your safety committee, get agreement with your union and get it included (and the all important signature) however you usually do at your place of work. If its not reported within 48 hours it didn't happen. Served me well for the last 15 years.
Think you are on thin ice here especially where accidents involving musculoskeletal injuries are involved. You must have a pretty. Why do you quote "As soon as possible" if you then quote "within 48 hours" Either Or in my opinion. Besides this might not be possible to hit the 48 hour target if it involves Riddor!
Thin Ice from what? If thats the policy - thats the policy. An accident happens at a definative point in time 1 second before no accident, 1 second after - post accident. Reasons for both is the spirit is ASAP but 48 hours gives a clear cut off - Of course this is not Possible (in effect) with RIDDOR but you would know about that anyway and would have already started the investigation. Lets not get mixed up with accident investigation and claims defence. One does not always equate to the other. There will always be a scenario that challenges your policy/stance but do whats best for most of the time. IMO you may even adopt for recording anytime you like (weeks, months later) but I would not waste a Managers time filling in an investigation when there is nothing left to investigate because of the passage of time. Again, you have to do whats correct for you, your organisation and the spirit of what your trying to achieve.
damelcfc  
#19 Posted : 31 October 2012 13:48:23(UTC)
Rank: Super forum user
damelcfc

ron hunter wrote:
I think you're obliged to record without prejudice, otherwise the system falls into disrepute.
Agreed Ron, record as a late reported 'incident' and I certainly would not investigate in detail because of the passage of time. Unless of course you have set no policy, then investigate to your hearts content!
jfw  
#20 Posted : 31 October 2012 23:30:55(UTC)
Rank: Forum user
jfw

Had a similar issue to Bruce a few years ago in a previous organisation. We went through a period of 5 or 6 months when a number of accidents started to be reported several days or even weeks after the alleged incident with no witnesses. Common theme was that the individuals concerned had poor attendance records and were either already in the disciplinary procedures for this or had been warned they faced it if their attendance did not improve. If the absence was as a result of an accident, their attendance recorded would not be affected. Some would report their non-attendance as being due to an accident when ringing in on the first day, where as others did not mention an accident until their return to work interview, which in some cases was several weeks later. We addressed this by updating the accident reporting policy and procedure. In it, we stated that :- - all employees had a duty under Section 7 of HASAWA to co-operate with the Company to enable it to comply with its legal duties. - all accidents must be reported before leaving site at the end of the shift on which the accident happened. - any accidents not reported in this time frame would not be considered a works accident, but would be logged - any employees not reporting accidents within this timeframe will be considered to be in breach of Section 7 and could face disciplinary procedures Some of you might think this a heavy handed approach, but it worked. It put an end to the issue and the feedback through the grape vine from the shop floor was actually positive, because it was felt that the individuals who had been involved with this were trying to play the system and that management had addressed it in a fair way.
Ron Hunter  
#21 Posted : 31 October 2012 23:36:08(UTC)
Rank: Super forum user
Ron Hunter

damelcfc wrote:
Line in your policy that states (or words to the effect of) 'All accidents at work must be reported as soon as possible after the event or in any case within 48 hours- failure to do so will result in the recording and investigation of such being at your line Managers discretion.' - 'This approach is in everybodies interest'. Go via your safety committee, get agreement with your union and get it included (and the all important signature) however you usually do at your place of work. If its not reported within 48 hours it didn't happen. Served me well for the last 15 years.
All of which will backfire badly when HSE get wind of a reportable (via third party, disgruntled employee, etc.) that you didn't report! I think they'd be less than impressed with such a policy.
damelcfc  
#22 Posted : 01 November 2012 11:19:07(UTC)
Rank: Super forum user
damelcfc

Originally Posted by: ron hunterAll of which will backfire badly when HSE get wind of a reportable (via third party, disgruntled employee, etc.) that you didn' Go to Quoted Post
Should just add that as well as JFW @#20 who has this approach, this is the approach by most Manufacturing in the UK, certainly FMCG and food industry and is not just 'my' approach. I'm talking major multi-site bluechip. Anything less and you are open to all manner of spurious claims. The HSE cannot possibly, ever, ever, get wind of an unreported 'reportable' if it didn't happen?! Perhaps the most pertinent bit that I have thus far omitted is that if an employee is insistant that they want to officially record an accident out of the (policy, signed for) time frame they need to be aware of 'oh yes, we will record it, but you have to recognise you will also be disciplined for not reporting correctly' - 'do you still want to report anything?' There is no valid reason for not reporting ASAP or within the alloted timeframe - none, zero, zilch. Unless its so obvious and serious that all are aware instantly (before we have the silly posters!) obviously hospitalisation for example. Think we can agree that its as good as reported ASAP!
Ron Hunter  
#23 Posted : 01 November 2012 13:30:19(UTC)
Rank: Super forum user
Ron Hunter

You're being less than clear here, damelcfc. You suggest that accidents aren't recorded (or an element of discretion is available) when the report is late - the inference is that this 'policy' applies irrespective of the actual or potential outcome. You then state "there is no valid reason for not reporting ASAP" and then go on to describe valid reasons which for many of us with peripatetic workers or stretched lines of supervision are not uncommon. A perilious path I think. Sooner or later HSE will get wind of a lost time or other incident that not only you didn't report, but don't have a record of it. You can guess what happens next.
damelcfc  
#24 Posted : 01 November 2012 14:05:01(UTC)
Rank: Super forum user
damelcfc

We can agree to disagree Ron :-) It's totally clear and robust (I'm trying not to describe word for word - else I'd copy and paste the whole policy here - I'm giving you the bones - please hang the flesh off and assume we all know the law) The process I have described works for UK Manufacturing and is an option available for the OP to put in place to rid him of his 'problem'. It works but there will always be more than one way to skin a cat.
Ron Hunter  
#25 Posted : 01 November 2012 23:39:55(UTC)
Rank: Super forum user
Ron Hunter

We can indeed agree to disagree- that's the spirit that makes this Forum a valuable and worthwhile place.
paul reynolds  
#26 Posted : 03 November 2012 08:43:56(UTC)
Rank: Forum user
paul reynolds

B Bruce, I have experienced similar issues where I previously worked. I found that informing the staff of the reporting procedure, how to complete the accident/incident record and finally investigate (depth of investigation related to incident type and elapsed time of reporting) worked well. Where we believed that the accident may be not true we would also inform our insurers of this matter and they would investigate with this in mind, once this was know by the workforce it seemed that the reporting improved and that the people who had dubious accident,s seem to either stop or that individual left as they could no longer have time off when not related to an accident at work I suggest that you communicate your intentions with all staff so they are fully aware, this will in turn get them involved and as staed in an earlier post seems to wheedle out the less honest. Regards PaulR
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