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Posted By kate p
Please could someone enlighten me is recording of accidents in the accident book a legal requirement? Under the social security act?
I have a nit picking EHO who is going through my employee safety handbook with a fine tooth comb we are on the revision of the revision
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Posted By Ian G Hutchings
Yes,
I understand that it is and it is good practice anyway. It is if an employee has an injury that 'may' result in benefit being payable. I always recommend that all actual or suspected injuries are recorded.
Under this legislation there is also a duty on the employer to investigate the recorded injuries.
Cheers
Ian
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Posted By Charley Farley-Trelawney
Yes, Social Security dictates your accident book entries, no to H&S law.
Short form answer, if you need more just shout.
Good Luck with your EHO, must be a Friday afternoon thing!
C
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Posted By Paul Leadbetter
Kate
See the Social Security (Claims and Payments) Regulations 1979.
Paul
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Posted By TBC
Where are these EHOs when you want one?
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Posted By TBC
Now I know!!
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Posted By Crim
I recently injured myself in a Post office/stationery shop and asked for the accident to be recorded in the accident book. The shop keeper took a new exercise book off the shelf and wrote the details in the first page.
Not right I thought but when I questioned this with the local EHO I was told that the accident book did not have to conform to Data protection etc.
I would have thought that if an accident should be recorded, according to this thread, then it should be recorded in the correct style Accident Book?
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Posted By Alan Hoskins
Hi Crim,
Although we use a form system and not the 'official' accident book, the latter was certainly redesigned some time ago so that it would comply with the DPA.
Alan
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Posted By Charley Farley-Trelawney
Crim
Not certain what you mean by recently, but the law is specific in so much that the accident book must comply with the Data Protection Act by 31 December 2003; the EHO depending on the date is incorrect in the assumption it need not comply with the DPA.
CFT
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Posted By Dan dan
as long as you have a robust system in place that records your accident data and you are able to retain the information for the statutory time that is all you need to do.
An accident book can be used to supliment your existing system or as a standalone document. As long as records are kept
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Posted By John Murgatroyd "Not certain what you mean by recently, but the law is specific in so much that the accident book must comply with the Data Protection Act by 31 December 2003; the EHO depending on the date is incorrect in the assumption it need not comply with the DPA" Any information you hold, on computer or in textual form, must comply with the DPA if it contains information containing personally identifiable information. http://www.opsi.gov.uk/ACTS/acts1998/19980029.htmThe [new] direct.gov webpage on accidents etc also contains useful info on what you have to report and also helps you to make a personal claim.... http://www.direct.gov.uk...SafetyAtWork/DG_10026579
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Posted By Crim
The accident I mentioned occurred just before Christmas 2006. I wanted the local EHO to investigate but they wouldn't on the grounds that the hazard had been removed and the last time the shop was visited they had all assessments in place. It was during that conversation that the EHO stated that the accident book did not have to conform to Data Protection?
Just who/what do we believe?
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Posted By Charley Farley-Trelawney
Crim
I can assure you that unfortunately the EHO was incorrect on this occasion.
CFT
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Posted By John Murgatroyd
Well, he was and wasn't.
Wasn't in that the information commissioners office said that the accident book data has to conform.
Was in that there isn't a cat in hells chance they'd do anything if it didn't.
In the history of useless gov depts, the ICs' office comes out top of the list of TOTALLY USELESS departments.
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