Posted By warderic To all fellow health and safety professionals. Recently one of our employees was using a nail gun. At one point when using the gun he pulled the trigger and the ejecting nail apparently hit a knot (hard wood) in the timber. The affect of this was that the gun jumped back and in turn his wrist was pushed back causing him some considerable pain. He did not request first aid attention but did ask that the incident be placed in the accident book; which was done. I am now up against a management argument. I am being told that by allowing this to be put in the accident book I have made the company liable for an accident claim. Your opinions please.

Posted By Paul Duell It was an accident. You put it in the accident book at the IP's request. To refuse to do so would've been illegal. End of, really. The company are really no more liable than they would've been if the accident hadn't been put in the accident book. You've just saved them potentially being prosecuted for refusing to allow it in the AB.

Posted By Glyn Atkinson The entry on the day is correct in my mind - we have over 250 personnel who could potentially use nail or staple guns up to 55mm throughout our production and service departments. We insist (and have the full backing of our insurers) that even if there is no remedial first aid treatment required or practical to give, that the incident is still put onto our database, with witness statements lodged in H&S files, ready for the incoming claim. Would your managers ignore any ongoing symptoms if that person could not work later in the day, if the hand was swollen? Do they look at redeploying the injured person until the effects of the accident wear off? Some firms would even issue hand support braces at the time of the incident to make the chap feel that he was being helped back to the production or work line. Sometimes it's only a short period away from the work that will relieve the pain - it is a very individual thing with workers - does he work in a productivity bonus scheme where no work = no pay? Back to the question - make a note of the injury sustained in the accident book, even if no treatment is given out, and the person returns to full working activities.

Posted By warderic Thanks for this. What I have done is to investigate the incident, had talk with the IP and I am now looking at a different type of gun which may reduce or eliminate the kick back when hitting hard wood.

Posted By Robert K Lewis Warderic Agree totally re accident book with other posters. Just a point on your investigation though. The change of gun may well help but my experience is also that people can become a bit blase with maintaining the gun firmly under control when in use. Kick back is more likely when insufficient pressure is exerted in holding the gun in place against the workpiece. Try and observe the general behaviours in the use of this equipment - the kickback issue may be wider than you realise. You know of this one because of the injury. Bob

Posted By Kieran J Duignan Warderic Since your original question was generic 'Your opinions please' and now you suggest the accident with the nail gun may be a symptom of much larger issues, it appears you may have scope for taking initiatives on behavioural safety. Dominic Cooper, CFIOSH, has been publishing substantive arguments, downloadable from his site at www.bsms-inc.com, that evolution in 'behavioural safety' management techniques make it much more pliable and effective beyond their original home in high hazard sectors controlled by work permits.