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Posted By Jason McQueen
I was wondering what members views, thoughts, opinions etc are on the late reporting of accidents by employees?
The company I came from had the policy that if the accident was not reported by the individual concerned before they left the site, then it would not be accepted that the accident had occured on the site. This was mainly due to protecting the company from people having accidents elsewhere and then reporting the injury as work related in order to lodge a claim.
The company I now work for has no such policy and Im conscious that this is perhaps a weakness.
It has been suggested that if someone reports an accident a few days later, this should trigger a full accident investigation and maybe hope that this would prove the claim either way. The problem with this is that most of the evidence of any accident is now likely to have changed since the alleged event.
Your views are greatly appreciated...
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Posted By stephen J Smith
Jason, Hi,
Interesting way of trying to ensure accidents get reported but not I believe a good way to manage the problem. If an employee has an accident and does not report it until the next day does that mean the accident didn't happen? If the employee could not report it eg he fell over and was knocked unconscious who would report that, after all how would you know what happened.
The only way to effectively manage this is to have an open reporting procedure overseen keenly by a responsible person and back that up by an effective and rigorous investigation and root cause detection system.
Not allowing employees to report the following day is not an answer after all many ULD's do not affect the employee until they've gone home - what would you do then?
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Posted By Mark Talbot
I sympathise with any company that has had an off-site accident subsequently blamed on the workplace, but I think it is wrong to deny the accident reporting good practice on a time basis.
I am not a lawyer, but I would suggest that you are risking being the wrong side of a RIDDOR prosecution.
I am not aware of any defence in Court of "Well they should have told us before they went home".
Scenario: broken foot discovered a couple of days after thinking it was a sprain; didn't want to report sprain as I was in a rush anyway; I try to report the break but you refuse to record it; I go to lawyer for personal injury; I report to EHO on lawyers advice [increases payout likelihood before court]; EHO investigates as they have no such record; you have breeched RIDDOR just in case the claim was false.
Advice: record the details and add the comments about it being a late report and whether it is substantiated or not. Investigate and re-educate. Review other forms of evidence [CCTV; eyewitnesses; physical faults at work, property damage, etc].
Refusing to record it denies your company one of the basic tools of claim defence - information.
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Posted By Alex Ryding
Hi all, in our company if someone wishes to retrospectively report an accident then, the accident report is countersigned by their area manager verifying the accident did occur; if they were unaware of the accident then we will require witnesses to countersign. Either way an accident investigation will occur. So far we have only ever had 2 or 3 retrospective entries and the manager or team leader was aware of the accident. We’ve not yet had an incident where no one knew of the accident, and I’ll have to cross that bridge should it ever happen; I expect a very thorough investigation will be initiated.
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Posted By Robert Paterson
Hi to All
I don't think that Jason is advocating that the incident/accident is not reported and recorded. I agree that all accidents should be recorded and investigated as required. Jason is saying that there could be an element of doubt as whether the accident happened at work or away from work.
Insurance companies I think might question a claim if it had not been reported on the day it occurred- then again I might be wrong.
I encourage the Employees to report accidents on the day it has happened.
Kind Regards
Robert Paterson
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Posted By jackw.
Hi, Hopefully you are already aware of this fact, but the requirement to record accidents is also part of social security legislation and you will run the risk of coming into conflict with that government department too if you refuse to record and report, if necessary, accidents/injuries at work. Remember too that an employee has the right, up to 2 years after an incident, I think that’s the correct time scale, to have a work accident recorded in an accident book. We have similar problems with a very dispersed work force working in clients homes. It can be several days before we get a report of an accident. These may be legitimate or not. Thus we have to try and work out which is genuine and which is not. An accident investigation may help but not always in the case of lone workers, who can argue that there was no witness. E.g. falls, trips etc coming out of or going from client to client homes. We always record the fact that the report was X amount of days after the alleged incident. But we feel and I believe H&S and SS legislation bind us/you to accepting the reports regardless of what policy you may have in place to “discourage” late reporting.
Bottom line I think you are not on sound ground with such a policy.
Hope this helps
Cheers.
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Posted By Heather Aston
Robert
You said "Insurance companies I think might question a claim if it had not been reported on the day it occurred- then again I might be wrong."
Of course they will - it is their job to question every claim in order to avoid having to pay out. However this does not make one scrap of difference as to whether the accident should be recorded.
Once again we've got straight into the "claims" thing when the question is about accident recording. Yes, I know that accidents often lead to claims - I have to deal with them every day.
What we've lost sight of is the main reason behind accident recording. Not because of claims, not because "the law says so", but because we want to prevent the accident happeneing again.
Sorry to rant on about this, but I'm away tomorrow....... so won't be here for the Friday rant....
Heather
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Posted By NeilM Poyznts-Powell
Well said Heather.
The report of the accident is only the first step.
The subsequent investigation and review of controls is more important. As this will protect the company, its shareholders and employees.
Staff are less likely to report spurious accidents if they are aware that every incident receives an appropriate investigation.
With the working culture this policy would breed I could see Near Miss reporting going completely out of the window.
Also, does a 'report on the day of accident only' policy take into account the right of a Union Appointed Safety Representative to carry out his own investigation or would they be advised that as the company does not accept the incident report so it never happened.
As previously stated, in my mind, it is better to create an open reporting culture within an organisation, work at the root cause of accidents and drive down incidents through good mangement control rather than seek to prevent people reporting incidents.
Regards,
Neil
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Posted By Aidan Toner
Dear colleagues-Best to remember that Safety Professionals and Insurers have diametrically opposing viewpoints as to the role and function of an accident report /investigation.----Safety Professionals seek to establish cause and hence prevent recurrence......Insurers seek to avert blame.You only have think of standing instructions to all company drivers 'Do not admit liability etc' -Is this the basis to establish cause in an honest and open manner.???The bit that really gets up the noses of the insurer on the average employer's accident report form is 'What preventative measures can be taken'?- This is (generally) filled in by the safety professional and line manager in an honest and open manner. BEWARE insurers are not interested in cause in relating to individual accidents.The irony is they want exacting corporate cause analysis on a year by year premium renewal basis.Yea - real cake and eat it merchants!!
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