Posted By Karen Todd
Hello Allan,


I have been using the new accident book and as before I always fill it out. The new accident book I have has a bit on it that says, "The person who has had the accident should sign and date if they have not filled in the book (as confirmation that they agree the accident recorded is a true and accurate record)".


No-one has refused to sign it yet.

It also has a few other new bits on it, such as materials used in treatment, how reported under RIDDOR.

Regards,


Karen Todd

Posted By Karen Todd
Allan,

Don't know what the relevant GB law is but applicable NI law is Social Security (Claims and Payments) Regulations and also Social Security Act which indicate that you have to keep an accident book and that people have to tell you as soon as they become injured at work.

Also, under the HASAWA, your employee has a duty to co-operate with you to enable you to comply with any duty or requirement imposed on you under the relevant statutory provisions.

If you have to report an accident under RIDDOR, details like their name, address, date of birth, home phone number, etc. are on the reporting form - so it asks for MORE information than the accident book.

Would like to hear other peoples thoughts on this one,
Karen

Posted By Sean Fraser
I think you're right Nick - the fact is that without a suitable record to prove it took place on while at work, the employee will have difficulty establishing liability on the part of the employer. Obviously we don't want to encourage employees to look upon the accident book/register/record system as a potential cash machine!

I cannot understand why someone would NOT want their details recorded - mind you, if the injured party is an employee then their personal details are already held in a confidential manner elsewhere and could always be tapped as necessary. I presume that the legal requirement of recording personal details was simply because it applied to all, not just employees, and because it is always in one consistent place - the form. Now that the BI510 has changed to meet the requirements of the DPA, then there should be no objection on these grounds. Being mindful of that, this is good reminder for those of us who haven't updated their book (if the use one) to do so now (before the December cut-off date) and for those who use electronic systems to update it so confidential details are suitably protected.

Posted By Neil Pearson
I think you'll struggle to find a legal stick to beat the employee with here, but you could mention s.7(b) of HSWA - the employee has to co-operate. But the duties to record and investigate accidents under the Social Security (Claims and Payments) Regs are duties on the employer. If the employee refuses to record the accident, take all reasonable steps to record them yourself.

But really, as we keep saying on this forum, you should not be using this kind of argument - perhaps you could look at whether you can break down the barriers more? There's always a way to deal with this kind of stand-off, and throwing legal requirements around is not a great answer.