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Posted By tony fog
Hi there,
a client of mine owns an access road that leads to some retals units (units ownded sepeartly). They carryout regular workplace inspections and repairs on site but recently an accident occurred, as there are no employers etc on site this only came to light when the gentlemen contacted his solicitor.
They have asked for the usually information, such as history of accidents, repairs etc and copies of accident book. This is where i need some advice. There is no employees on site just a road, how would you respond on the request of a copy of an accident book?, i have copies of inspections, maintenance etc, but are you suppose to put a sign up saying " if you trip call this number so we can log an accident" bit of a tongue in cheek comment, sorry!!.Any one else have similar experiences
Advice appreciated
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Posted By MT
If I'm understanding your post correctly, then your tongue in cheek comment is absolutely right. There should be a clear accident reporting system detailed in the health and safety policy which tells employees how to report accidents. It doesn't matter in which of the company's premises an accident has happened, the procedure should be the same. All employees should know how to access an accident book, or how to contact someone who can complete it on their behalf.
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Posted By Stupendous Man
This is more likely to be a case involving occupiers liability rather than 'employers liability' (unless your client also owns one of the units and it is one of his employees making the claim).
This sounds like the usual case of claimants solicitors not taking care to make sure that their letter of claim is accurate. For 'accident book' I would simply substitute records of complaints made or defects reported.
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Posted By MT
Sorry, I think I misunderstood. I was thinking that employees occasionally visited the site and it was one of them who had had an accident.
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Posted By Tabs
Write to the solicitor with the information you have just given us and explain that no accident book exists.
Don't mention that he is using the wrong approach, that is for him work out. He may find the case thrown out if he's not careful.
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Posted By Gff
they will ask for this information regardless of if it is a workplace/employee or not
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Posted By Gff
do you guys not record MoP accidents in your accident book when they occur on your site?
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Posted By Robert Tailby
I'm with Stupendous on this one.
The request for an accident book is just part of the usual trawl for anything useful to the claimant, and is not relevant (if I have understood the incident correctly).
What you need to show is that you took reasonable care in maintaining the road in a safe condition, so your records of inspection and maintenance are the most relevant thing, plus any info you do have on previous accidents/incidents and what you did about them.
If you have public/general liability insurance, I recommend you get in touch with your broker or insurer to get their advice before disclosing anything anyway.
Of course you don't need a sign up telling people how to report accidents on your access road - if you did have to have one, every part of the UK would be plastered with them, with the name of your local council at the bottom, since they are responsible for public highways and byways.
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Posted By jackw.
Hi. Remember H&S law, regulation etc. ask we act reasonably. Thus if you have maintained the road to a reasonable standard, given the type, level, volume of traffic then I would think you have done all required. Also remember the HSE don't take much interest in RTA's.
Cheers
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Posted By tony fog
Thanks for the advice guy,s!!!!
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Posted By Bob Shillabeer
Sorry Guys but I'm a little confused so bear with me. Your client owns the access road but the units are owned by others, this means your client has no responsibility for them, OK so far. My question is who operates the units as a place of work, Your client?? If so he is responsible for what goes on there so carries full H&S responsibility. If your client does not operate out of the units i.e. they are used by someone elses business your cliaent has only one responsibility, the maintenance and upkeep of the access road, so what is the problem? Why is your client doing inspections of the units (if that's what you are saying). The employer (unit operator) has the legal responsibility and must comply with any relevant leagal requirements. Suggest you clarify this and tell the solicitors to contact the correct employer.
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