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#1 Posted : 24 March 2004 09:12:00(UTC)
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Posted By margaretconlon After an employee accident on site, for which the employee is claiming compensation. Is it OK to modify (make safer) the machine involved in the accident, before the claim is settled. Thanks
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#2 Posted : 24 March 2004 09:28:00(UTC)
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Posted By Robert K Lewis Margaret If you don't do the required mods you may be accused of complacency - as long as you are not impeding any investigation. As a total pedant which many people know - the actual words in broad management terms are: Correction- Puting right the known faults at the place of the incident Corrective Action - Puting right the system faults which allowed the problem to develop and modify other similar equipment before another incident occurs Preventive Action - Taking action to prevent an incident before a problem has arisen. This is often essentially a blue sky look (I hate that phrase though) which identifies the changes in knowledge and practice etc which may have an impact before anything has gone wrong. The last one causes a lot of problems as people like to think they are being proactive in preventing a further incident when they are in fact reacting to an incident that has occurred and are thus reactive. Bob
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#3 Posted : 24 March 2004 09:33:00(UTC)
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Posted By Deana Daniels Margaret, I am no expert but my immediate response would be that if you have undertaken a risk assessment following this incident and identified that the machine can be made safer then you would be foolish not to take this additional preventative action. Civil cases can take years to resolve. What if another incident was to occur ? From an enforcement point of view the fact that you were waiting for a civil case to be resolved will not act as any kind of defence and in fact would be held against you. If you have identified that reasonably practicable measures can be taken to make something safer then by law you are obliged to take them. Well thats my view any how. Hopes this helps. Deana
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#4 Posted : 24 March 2004 09:57:00(UTC)
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Posted By Steve Langston Hi Margaret, From a claim point of view ,check with your insurance company that neither they or the claimants solicitors wish to conduct a technical investigation. From a pure health and safety view, if you have identified the machine requires modifications for health and safety reasons and do not take action and a further injury occurs you are likely to be held responsible for the second incident as you had "prior knowledge of a risk". (even if your company successfully defend the first claim). Personally I would contact my insureres and TELL THEM I was modifying the machine and that I would take photos and measurements before and after the modification, and ask if they have got any problems with this course of action. Hope this helps Steve
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