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#1 Posted : 15 August 2005 16:18:00(UTC)
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Posted By Alan Spiers A simple question regarding legality. If either the person making the entry or the injured person fail to enter their address does it make entry invalid. Even though it states home address what if Company address they work for is inserted.
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#2 Posted : 15 August 2005 20:13:00(UTC)
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Posted By John Murgatroyd All that has to be entered are the name/s of those injured and details of the accident.
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#3 Posted : 16 August 2005 08:47:00(UTC)
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Posted By Alan Spiers So why does the 'new' accident book have home address for person making entry and IP on it.
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#4 Posted : 16 August 2005 09:31:00(UTC)
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Posted By DavidHaddon I would presume that its to enable you to contact the individuals for accident investigation or other reason down the line. What if the individual is not an employee e.g. a contractor or a visitor? I want to know why space isn't provided for both parties to sign the form at the bottom.
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#5 Posted : 16 August 2005 09:49:00(UTC)
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Posted By Alan Spiers The book specifically asks for home addresses and signatures of person making entry and IP. My original point is that if either for whatever the reason do not put their address is the entry legally completed.
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#6 Posted : 16 August 2005 10:16:00(UTC)
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Posted By gham Have a look over Part 1 of Schedule 4 of the Reporting of Incidcents Diseases and Dagerous Occurances Regualtions. I know this relates to the RIDDOR accidents but it should answer your question
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#7 Posted : 16 August 2005 10:16:00(UTC)
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Posted By gham Have a look over Part 1 of Schedule 4 of the Reporting of Incidcents Diseases and Dagerous Occurances Regualtions. I know this relates to the RIDDOR accidents but it should answer your question
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#8 Posted : 16 August 2005 12:38:00(UTC)
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Posted By Doug Russell Once again confusion over the accident book and RIDDOR. The duty to keep an accident book is not a H&S duty under RIDDOR, but a requirement of social security law (so that there is a record of an incident if someone wants to claim Industrial Injury Benefit). The details to be recorded were defined in the Social Security (Claims and Payments) Regulations 1979, so failure to record the home address of the victim would be a breach of Social Security legislation not RIDDOR or HSW Act.
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#9 Posted : 16 August 2005 13:48:00(UTC)
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Posted By Fred Pratley As long as the record identifies who has been injured and the details of the accident are given, that's a valid entry. The fact that a company address should not matter, because presumably the company will have the person's home address. If it is a non-employee or member of the pblic, they can give a false address or no details at all.
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#10 Posted : 16 August 2005 15:18:00(UTC)
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Posted By gham What are the details referred to in regulation 24 of Social Security (Claims and Payments) Regulations 1979 I cant find a copy to review i think that would clear it up. If you can find a copy or if anyone has one perhaps they could advise. With regards to the prevous comment I did note that my suggestion related to RIDDOR requirements and Not Accident reporting, remembering that the information sent to the ICC would be based on that of the accident report filled in as such the HSE requirement would reflect that of the DWP. Also try the DPA, as has been suggested if there is sufficient information relating the accident to the empoloyee the address details would be obtainable form the personnel records, however what would be the requirement for members of the public?
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#11 Posted : 16 August 2005 15:48:00(UTC)
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Posted By Alan Spiers Thanks for comments & social security requirements are the issue. Surly the official accident book is designed to meet the requirements which states home address and including total removal from book to comply with DPA. So is the 'common sence' answer if IP or person making entry were employed it is enough to say see HR records and only if visitor to the business would home address be required. Both of course must sign.
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#12 Posted : 17 August 2005 07:59:00(UTC)
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Posted By Terence R Bannon The IP can decline to give home address under the DPA, if it is given the report should be held by HR or similar in a secure location.
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