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#1 Posted : 23 May 2003 13:09:00(UTC)
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Posted By Tom Rodgers Everyone is probably aware of HSE's press release concerning the introduction of a revised Accident Book formaerly known as B1150. HSE have taken over production of this from the Department of Works & Pensions under whom the social sceurity legislation required a means of recording accidents for employees and referred to the old black and yellow B1150 book. However,whilst the social security legislation did indicate use of this book it also allowed for alternative means of recording accident details provided that whatever system used contained the relevant details. With the advances in electronic systems, we have used an electronic form which is well understood and used by all sections and does not contravene DPA etc.for some time. Am I to assume that I might have to alter an effective reporting system to cater for some money-spinning initiative?
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#2 Posted : 23 May 2003 13:37:00(UTC)
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Posted By Dave Wilson You don't have to use this you just have to record accidents, it is just easier to use this as it is printed and cheap. BBrbour have just, today, printed this. 1 Accident Book (2003 Version) Barbour Index has sponsored this Accident Book, published by the Stationery Office. The Accident Book should be used to report an accident at work, thereby fulfilling the legal requirements for reporting an accident as set out by:  the Social Security (Claims and Payments) Regulations 1979  the Social Security Administration Act 1992  the Health and Safety at Work etc Act 1974  the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995. The Accident Book also includes information for employees, employers and the self-employed, advising of the legal obligations concerning the reporting of workplace accidents or illnesses. The Accident Book complies with the Data Protection Act. Major injuries that should be reported immediately include:  a fracture of any bone, except a finger, thumb or toe  a chemical or hot metal burn if it leads to unconsciousness, requires resuscitation, or the sufferer is admitted to hospital for more than 24 hours  acute illness requiring medical treatment, or loss of consciousness after absorption of any substances by inhalation, ingestion or through the skin. Major types of incident that should be reported include failures of various types of equipment (eg lifting machinery), of a kind which could lead to death or serious injury, electrical incidents, incidents involving dangerous substances, derailments or unintended collisions, etc. The Accident Book costs £4.75 and is available from: The Stationery Office ISBN 0 11 703164 X
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#3 Posted : 23 May 2003 14:12:00(UTC)
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Posted By Alan Harwood Which details of the book have been modified in line with the DPA? I had a look at the new book at the Expo on Tuesday expecting all personal information to be removed. The first section is for the names and addresses of the injured party and the person filling the book! Could it be that once filled, the page is removed and stored elsewhere? We have our own version of the accident book which I would rather not have to change. I'd just like to know what is required to satisfy the DPA. Any guidance would be appreciated. Alan.
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#4 Posted : 23 May 2003 15:22:00(UTC)
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Posted By Tony Gibson Tom the information that needs to be recorded is the same, it's who can readily access it that has changed. Another interesting 'knock-on' consideration is the onward reporting of details contained in subsequent accident reports, monthly briefs etc, how much information is too much? If a report details the accident, date, location etc but does not mention an individuals name it may still fall foul of the requirements because it is obvious to colleagues who the individual is. Tony
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#5 Posted : 23 May 2003 15:38:00(UTC)
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Posted By Alan Spiers The significant difference in the new book is the injured person is required to sign agreement of entry and the book only contains a reference number so no one can see previous entries. Like many companies we also do use the accident book but replace it with the first part of our internal document which is carbonated so the page ripped out of the book continues to be used as the basis of the investigation and that remaining is the equivalant of the accident book entry. Points I am still considering ( can anyone clarify ) are - 1.What if the IP refuses / can't / is unable to sign the book. 2.Do we have to write an authorisation procedure as to who is able to look at accident records or is it enough to state all managers / supervisors / safety reps can. 3.Our internal document adds age, occupation, sex, plus boxes for part of the body injured including property damage & near misses but not IP's signature and not address unless it was a contractor, member of public etc. I cannot see how to retain this system without contravention of DPA. 4. What controls are needed if the new book is used regarding photocopies / circulation. The advice I've got to date is adopt the new book then duplicate some or the information to the internal documents for the investigation process, however in addition to the pain of duplication would not the internal document come within DPA ? what about RIDDOR reports they even contain tel numbers.
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#6 Posted : 23 May 2003 15:39:00(UTC)
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Posted By John Donaldson The key to this, in my opinion, is on page 3 where the second paragraph says “To do this you should provide an accident book SUCH as this one…..” my capitalisation. It does not say you have to use this book. On that reasoning provided your equivalent of the book contains the same detail (or more) and the pages can be removed you have complied with the requirements. I have to say that it would have been useful if the instructions had said to remove the page and then send it to a central location which could have been identified by the employer.
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#7 Posted : 23 May 2003 15:44:00(UTC)
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Posted By John Donaldson Please disregard the last paragraph of my response there is of course a box for this information on the back of the front cover. I missed it first time I wonder how many others will as well!!
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#8 Posted : 23 May 2003 15:49:00(UTC)
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Posted By Alan Spiers Sorry for my error, should have said 'we do NOT use accident book'
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#9 Posted : 23 May 2003 17:10:00(UTC)
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Posted By Jay Joshi The main deficiency in the old accident book was that any person generally had access to the "personal data", i.e. the previous entries in the book. That is why the old book does not comply with DPA. In the new book, after an injured person has made an entry,the "responsible person" on employers behalf will have to fill in other details and file the tear-off form away securely. That means only "authorised personnel", such as the manager, safety reps, human resources etc can access the form/data and not "everybody". The DPA does not state that an organisation cannot keep personal data. The main aspect of compliance with DPA is to ensure that you can meet the requirements of the 8 Data Protection Principles. More information on DPA can be acccesed from the website:- http://www.dataprotection.gov.uk
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#10 Posted : 23 May 2003 23:18:00(UTC)
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Posted By sylvia A couple of points about the AB generally. It is required under the Social Services etc. Regs, not HSW legislation, and as far as I know there are no "AB police" There is no requirement for anyone to sign the AB, least of all the IP, who has no obligation to make the entry themselves, as indeed they may not be able to. As far as I can see, this change is well over-due and validates the use of "own-brand" accident forms which have been the norm in many organisations for years, and which have been used to fulfil the slightly different capture requirements of the SS Act and RIDDOR. One of my employers in the late 80's asked for number and ages of dependant children of the IP on the accident report forms!
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#11 Posted : 24 May 2003 07:52:00(UTC)
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Posted By Hilary Charlton Well, frankly, I think its bureaucracy gone mad! I had to do a RIDDOR report yesterday, I was lucky on this occasion as I had done the persons CV a couple of weeks ago as a favour so I had the name, address and date of birth otherwise I would have had to get in touch with HR to telephone and ask the employee if I could give over this information. I know the employee very well so I knew it would be OK. This is a document that we legally have to complete under our rules and regulations and yet the DPA throws obstacles to our doing so in our way time and again. This new accident book is the epitome of ridiculous - I can see no circumstances where an accident at work would require this level of secrecy - we have to do a full investigation of all major accidents which will require photographs, witness statements, technical investigations - who will complete these? Obviously for a major accident there are going to be quite a lot of people involved in the investigation process - do they all need to be muzzled permanently afterwards? We could do with a memory blaster like in Men in Black couldn't we? Don't get me wrong, I think in principle that the Data Protection Act is a good idea, however, it was always an upspoken rule that names, addresses and personal information were not given out and now that they have made it formal we are all tied up in knots with it. We are issuing an authority sheet at the next all Company meeting to be signed by each employee which gives me authority to provide name, address and date of birth to the HSE in the event of an accident as long as the employee signs it and gives the HR person the authority to complete minor issues like mortgage applications, job references and things that people actually ask for. Sometimes I think we just go tooooooo far and this is definitely one of those occasions. Hilary PS Soap boxes can be found at all major supermarkets!
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#12 Posted : 24 May 2003 12:46:00(UTC)
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Posted By Gary May Hilary I agree with you - it looks like another money spinner - Ive got hundreds of locations that use the accident book, and also internal accident report forms in about seven different formats - im trying to standardise the format - but from the locations the form is sent via the internal mail to the sections administration then copied to me in the safety section - this means the information is potentially open in transit - I would prefer an electronic system rather than be reliant on pen and paper - and this may even increase the reporting of accidents across the board. As far as details, I have no problems with everyone knowing if I have had an accident as it would be a learning exercise, they could also send me a card and some grapes. Gary
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#13 Posted : 24 May 2003 23:01:00(UTC)
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Posted By Andy Essex You need to ensure that no personal details can be seen in the book by say another person entering an accident. The page is removed in the new book to remedy this breach of the DPA. An online system of reporting complies with this as no other accident can be seen by unauthorised staff.
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#14 Posted : 27 May 2003 09:10:00(UTC)
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Posted By Robert K Lewis I have replaced the book with loose single forms that the sites return to Head Office to be scanned onto their electronic filing system. All originals are then kept at HO and all site hard copies are destroyed. Interestingly the record has what is classed as Sensitive personal information - ie a medical record such as "cut to 3rd finger left hand" I am trying to get sites to understand that without specific permission from the IP they actually are unable to provide information to ANY other party. The agreement on my form is for our own managers use not for any other. Bob
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#15 Posted : 27 May 2003 09:36:00(UTC)
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Posted By Ken Taylor I've never understood why it was necessary to write the address of both the injured employee and the person reporting the accident in the accident book as, being employees, their addresses will be on file if needed in connection with the incident by appropriate persons. The same argument will apply to school children, persons in care, etc for those who insist on using the same book (even though it was meant for employees) as their addresses will also be recorded safely elsewhere. The only reason I can see for obtaining this information is when a visitor is injured and then any personal information supplied should be given voluntarily. So, why is this asked for in the accident book?
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#16 Posted : 27 May 2003 10:14:00(UTC)
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Posted By Robert K Lewis On construction sites though Ken the number of direct employees is relatively small and there is no way in which each subcontract person can be given a unique ID number. I've seen situations where an operative may work for 3 different subcontractors in the same week on the same site!!!! Bob
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#17 Posted : 27 May 2003 10:54:00(UTC)
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Posted By Ken Taylor - but they ought to know their names and addresses before they take them on and record this somewhere.
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#18 Posted : 27 May 2003 11:25:00(UTC)
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Posted By Eric Burt I had an interesting question put to me the other day in a Trade Union meeting. After the new changes come into force, is a Safety Representative (or Representative for Employee Safety) entitled to see the accident forms (in the same way as they would have inspected the accident book pre DPA)? My instinct is that they should not be allowed to see individual accident forms (unless the IP actually authorises it or requests it), but I am more than happy to supply them with statistics, graphs, trends, locations, etc etc, which do not identify individuals. Any thoughts? Eric
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#19 Posted : 27 May 2003 12:02:00(UTC)
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Posted By Dave Wilson Nice one Tom, Opened up a bit of a debate here! Good point about union safety reps, are they deemed responsible enough to know the identity of injured persons who they legally have a right to investigate the accident surrounding their incident. Maybe we automise everything and pay people to sit at home, but we won't know where this is as it's a secret! Devise and use your own Accident form as you can then tie this in with the Risk Ass requirements to review after an incident has occured, therefore you can keep an 'audit trail' of the event and a recommendation to improve or prevent. And never ever ever throw away any info on any accident ever.
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#20 Posted : 27 May 2003 12:11:00(UTC)
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Posted By Jay Joshi A trade union safety rep is entitled to investigate accidents etc., especially those concerning their "members". As long as it is a part of an "authorised procedure" and kept confidential to the Safety Rep for the purpose of carrying out their duties under the The Safety Representatives and Safety Committees Regulations 1977,it will not be in infringement of DPA. The DPA is not about total secrecy. Organisations have to demostrate that they comply with the 8 Data Protection Principles. 1) fairly and lawfully processed; 2) processed for limited purposes; 3) adequate, relevant and not excessive; 4) accurate; 5) not kept longer than necessary; 6) processed in accordance with the data subject's rights; 7) secure; 8) not transferred to countries without adequate protection.
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#21 Posted : 27 May 2003 12:31:00(UTC)
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Posted By Ken Taylor Part of investigating the incident should inlude access to the records including the accident reports. However, I would suggest that the safety rep is shown a copy rather than provided with one in order to reduce the number of copies around and the associated risk of the information falling into unauthorised hands. Is this reasonable?
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